Tuesday Sep 26, 2023
Tuesday Sep 26, 2023

Don't abide by the letter that rendered impeachment motion ineffective: SC

2022 Dec 09, 20:23, Kathmandu

The Supreme Court has issued an interim order asking the concerned bodies to not implement the letter written by General Secretary of parliament secretariat, which had stated that the impeachment motion against suspended Chief Justice Cholendra Shumsher JB Rana was rendered ineffective.

A constitutional bench comprising Acting Chief Justice Harikrishna Karki, senior Justice Bishwambhar Prasad Shrestha and Justices Ishwor Prasad Khatiwada, Dr Anand Mohan Bhattarai and Anil Kumar Sinha issued the interim order following the preliminary hearing on the writ petition on Friday. "The writ petition has raised significant constitutional and legal questions. The petition has also argued that General Secretary of parliament secretariat, Dr Bharat Raj Gautam, issued the letter going beyond his authority," the interim order read, adding, "The exercise of authority the constitution bestowed to House of Representatives by the parliament General Secretary has become an issue of seriousness and importance. So, it is not logical from the viewpoint of balance of convenience to implement the letter immediately.

Until the SC completes hearing on writ petition, the letter that parliament's General Secretary issued must not be enforced, the constitutional bench added.

Chairman of Supreme Court Bar, Purna Man Shakya, Vice Chair Mukunda Prasad Poudel, and Secretary Rishiram Ghimire, among others had filed the petition at SC, demanding the letter be scrapped.

In the writ petition, the petitioners argued at a time when Chief Justice Rana was suspended with the impeachment motion that questioned Rana's competence, behaviour and financial issues, mere a letter issued by the General Secretary of legislature parliament, Dr Gautam would not render the impeachment motion ineffective.

On Wednesday, General Secretary Dr Gautam had written a letter to the concerned bodies, including the Supreme Court, informing that the impeachment motion against CJ Rana was invalidated. It created furor thereafter. 


Supreme Court Chief Justice Cholendra Shumsher general secretary Legislature-Parliament
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