Newly appointed Law Minister Upendra Yadav has said the recommendation of High Court justices nine days back was not done following due procedure.
Addressing an interaction with journalists at the ministry on Friday, Deputy Prime Minister Yadav called the recommendation was not in keeping with the law that does not allow recommendation and appointment of judges before there is vacancy.
"The law requires recommendation in the Supreme Court one month before the position becomes vacant but judges can be appointed at the High Courts and District Courts within one month of the position becoming vacant," he pointed.
The Judicial Council (JC) on November 20 recommended 15 persons for the post of High Court (HC) justice.
The JC meeting held that day recommended six from among district judges, eight from practicing advocates and one joint secretary from the Office of the Attorney General. Three were recommended for the positions that were not vacant then and would have to be filled only after the three judges retire. One of those justices will retire on December 1 another a day later, and the third another five days later.
Kiran Kumar Pokharel, Murari Babu Shrestha, Sudarshan Raj Pandey, Dipendra Adhikari, Ramesh Raj Pokharel and Narishwore Bhandari were recommended for promotion to HC justice from district judge.
Milan Kumar Rai, Raju Ram Silwal, Merina Shrestha, Mina Gautam Sedhai and Som Kanta Mainali are the advocates to have been recommended. Advocates Desh Bahadur Sarki, Rekha Thapa Pandey and Kiran Kumari Gupta were recommended to be appointed when three HC justices retire.
Joint Secretary from the Office of the Attorney General Gita Prasad Timalsina were also recommended for the post of HC justice.
