The Supreme Court has dismissed writ petitions challenging a letter issued by then secretary-general of the Federal Parliament, Bharat Raj Gautam, declaring the impeachment motion against former chief justice Cholendra Shumsher Rana inactive.
On Wednesday, the Constitutional Bench comprising Chief Justice Manoj Kumar Sharma, senior-most Justice Sapana Pradhan Malla, and Justices Kumar Regmi, Binod Sharma, and Sharanga Subedi dismissed the petitions related to the matter.
The Supreme Court’s website states that the petitions have been dismissed. However, the written judgment has not yet been received.
On December 7, 2022, then secretary-general Gautam had issued a letter stating that the impeachment motion filed against former chief justice Rana had become inactive.
Following the letter, Rana had prepared to return to the Supreme Court. The Nepal Bar Association and Supreme Court Bar Association immediately staged protests to prevent him from doing so.
The government also maintained that the impeachment motion against Rana would be dealt with by the next House of Representatives and that his suspension remained in effect. As a result, Rana could not return to the Supreme Court.
After Rana attempted to return to the Supreme Court, office-bearers of the Supreme Court Bar Association filed a petition at the Constitutional Bench seeking to annul Gautam’s letter.
While the petition was pending at the Supreme Court, the pension and other benefits of former chief justice Rana had been withheld. With the dismissal of the petition, the process for restoring those benefits will now move forward, according to Supreme Court spokesperson and Joint Registrar Arjun Prasad Koirala.
