The Nepal Bar Association (NBA) has raised questions about competence and qualification of some of those appointed as Supreme Court (SC) and High Court (HC) justices recently.
The NBA has also stated that such appointments have left the heads of justices and law practitioners with integrity bowing in shame. The NBA, however, has not named the justices who lack competence and qualification.
The two-day meeting of NBA including former presidents and general secretaries, and advisors has reached the conclusion. "Serious questions have been raised about experience, qualification and competence of some of the justices appointed to the Supreme Court and High Court in accordance to the Constitution and laws," says a press statement issued by the NBA after the meeting. "Such appointments have raised questions about the honor of the judiciary, and left the heads of justices and law practitioners with integrity bowing in shame."
Pointing that the recent appointments in the judiciary have become controversial, the NBA has said it is about time to look for alternatives to the Judicial Council that recommends the judges and the Parliamentary Hearing Committee that endorses them.
"The grounds for having confidence about the judiciary remaining independent, competent and fearless in the future are getting slim as the appointments are getting more controversial," the NBA's statement reads. "It is widely felt that we should think about alternatives to the structure of Judicial Council or the Parliamentary Hearing Committee or both, or amend the council's law to make the members accountable."
The NBA statement says that questions have also been raised about its participation in the council. An NBA representative is included in the five-strong Judicial Council.
The Judicial Council had recommended five SC justices and 18 HC judges on April 2.
Chief Justice of Patan High Court Prakash Dhungana and that of Surkhet High Court Sushma Lata Mathema, and senior advocate Kumar Regmi, and advocates Hari Phuyal and Manoj Kumar Sharma were recommended for SC.
Regmi is considered close to the main opposition Nepali Congress (NC) and Phuyal close to the ruling CPN. Sharma is nephew of former chief justice (CJ) Damodar Sharma.
The then CJ Sharma had appointed his nephew as Appellate Court additional justice. He was relieved of duty after the Constitution promulgated in 2015 did not keep the position of additional justice. He had been practicing as an advocate since then.
The recommendations and appointments of some were been widely criticized. The issue was raised even during the conference of judges that started a day after the appointments.
CJ Rana has since conceded he has vested interest in controversial recommendation of Sharma. The then CJ Sharma had acquitted Rana after the SC made a judicial comment on the verdicts he gave while at the then Appellate Court, and brought him to the SC.
