KATHMANDU , JUN 26 -
If things remain as they are, the Supreme Court will soon see the exit of seven temporary justices, which is likely to affect the working of the apex court already under pressure in the justice to case ratio.
The two-year term of five temporary justices—Baidyanath Upadhyay, Tarka Raj Bhatta, Gyanendra Bahadur Karki, Bharat Bahadur Karki and Kamal Narayan Das—expires on December 6. Furthermore, the renewed two-year term of Justices Bharat Raj Upreti and Prakash Wosti will expire in another two months time. Additionally, one of the permanent justices, Tahir Ali Ansari, is set to retire on October 12. As of now, there are 14 justices in the apex court.
As per existing provisions, appointment of permanent justices can only happen through a parliamentary hearing. However, in the absence of a parliament, some legal experts suggest that the incumbent justices could be given permanent positions by bypassing the parliamentary hearing altogether.
"As there is no parliament to conduct parliamentary hearing, the President, on the recommendation of Cabinet, can remove constitutional obstacles and ease appointment of the permanent justices," said constitutional lawyer Purnaman Shakya. He suggested that new temporary justices could be appointed on recommendation from the Judicial Council. Another constitutional lawyer Bipin Adhikari said the terms of the incumbent temporary justices could be extended if the president were remove constitutional hurdles on recommendation of the Cabinet.
Adhikari, however, is against making these justices permanent by using the same procedure.
"If such a procedure is used, constitutionally speaking, questions will be raised about the President's move given that there is no parliament to check him," said Adhikari. He argued that new temporary justices should not be appointed as that could land the caretaker government in controversy. "Why make an appointment that would see the involvement of a Cabinet member, who could use his/her clout in the process?" said Adhikari.
Source: http://www.ekantipur.com/2012/06/26/top-story/several-sc-justices-retiring-by-dec/356171/
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