The Judicial Council has recommended four judges for appointment to the Supreme Court.
A meeting of the council held on Tuesday afternoon under the chairmanship of Chief Justice Manoj Sharma recommended Ratna Bahadur Bagchand, Chandra Bahadur Saru, Janak Pandey, and Gokarna Dangi for appointment to the Supreme Court.
However, senior-most Justice Sapana Malla Pradhan, who is also a member of the council, and another council member, Mahesh Kumar Nepal, submitted notes of dissent against the recommendations.
Justice Pradhan told Setopati that she informed the council in writing that she did not participate in or agree with the entire recommendation process because seniority was bypassed without basis or reason, it was not inclusive, and there was no representation from the Nepal Bar Association.
Council member Nepal, meanwhile, disagreed with the recommendations of Judges Pandey and Dangi.
Bagchand, who has been recommended for appointment to the Supreme Court, is the chief judge ranked first in the seniority list. The other five chief judges were not included in the recommendations. Instead, Saru, ranked fifth among high court judges, Pandey, ranked 13th, and Dangi, ranked 16th, were recommended for appointment to the Supreme Court.
"As recommendations made without completing a transparent, objective, inclusive, and credible evaluation process in accordance with the Constitution, the Judicial Council Act, an independent judiciary, and established principles of justice; without representation of career judges; without providing clear grounds and reasons for bypassing seniority; and by completely disregarding women/Madheshis and the Nepal Bar undermine the dignity of judges and create discouragement in the administration of justice, I hereby notify that I cannot participate in or agree with such recommendation processes that violate the prevailing system and procedures," Senior Justice Pradhan wrote in her note of dissent submitted to the council.
In her note, Pradhan also stated that ensuring proper and adequate representation of judges in the Supreme Court is essential from the perspectives of judicial experience, institutional memory, and judicial maturity.
“An approach that denies or excludes such career judges from representation cannot be justified or acceptable,” she wrote.
She further argued that when junior judges are recommended for appointment while chief judges and senior judges of high courts are available, proper grounds and reasons must also be provided to explain why judges higher in the seniority list are deemed unqualified.
The council meeting also recommended that Judge Basanta Raj Paudel, currently serving at the Jumla Bench of the Surkhet High Court, be deputed to the Birgunj Bench of the Janakpur High Court.
The meeting decided to form a high-level committee to review the overall workload and required human resources, including the sanctioned positions of judges at high courts and district courts, and submit a report with recommendations. The committee will have a three-month tenure.
The council also decided to recommend to the government that Patan High Court Judge Gita Prasad Timsina be appointed chair of the committee hearing appeals against orders issued by the Nepal Telecommunications Authority, and that Patan High Court Judge Raju Kumar Khatiwada be appointed chair of the committee hearing appeals against decisions of the Kathmandu Valley Development Authority.
The council further decided to advise the government to appoint Kathmandu District Court Judge Tej Bahadur Khadka as chair of the Consumer Court, Kathmandu.
