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CJ appointment: JC includes Joshee’s name ‘with comment’, but CC likely to pick Rana

 

Deepak Raj Joshee attends a meeting of the Parliamentary Hearing Special Committee, on Thursday, July 26, 2018.

Kathmandu, November 27

The Judicial Council has recommended two names to the Constitutional Council for the appointment of next Chief Justice as incumbent Om Prakash Mishra is retiring due to age limits on January 1 next year.

Two seniormost justices of the Supreme Court, Deepak Raj Joshee and Cholendra Shamsher JB Rana, have been recommended for the consideration. However, the Judicial Council’s letter to the Constitutional Council mentions as a ‘comment’ that Joshee was rejected by the Parliamentary Hearing Special Committee for the position of Chief Justice earlier.

The Council’s Secretary Nripa Dhwaj Niraula says  the constitution requires the Constitutional Council to recommend the names for constitutional body chiefs ahead of one month and the nominations have been sent accordingly.

Meanwhile, the Constitutional Council, headed by the Prime Minister, is not likely consider Joshee’s name for discussions and directly recommend Rana for the position, according to sources.

The Constitutional Council is likely to hold a meeting later this week to forward the name of Rana to the PHSC, it has been learned.

On the other hand, officials have already suggested Mishra to go on a home leave from next week as traditionally chief justices stay on leave in the last month. Mishra, however, did not agree, the sources say.

There were just two qualified candidates for the position as one has to complete three years as the Supreme Court justice to become nominated for the top judicial position of the country.

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