Impeachment motion filed against Nepal’s Chief Justice Cholendra Shumsher JB Rana

Kathmandu [Nepal], February 13 (ANI): An impeachment motion has been tabled at the Parliament Secretariat on Sunday against beleaguered Chief Justice Cholendra Shumsher JB Rana by lawmakers from the ruling alliance.
The latest development comes on the 105th day of continued protest by fellow justices of CJ Ranaagainst him. As many as 98 lawmakers from the ruling alliance have signed the impeachment motion, an official confirmed.
“Lawmakers from ruling Nepali Congress, Maoist Center and JanataSamajbadi Party registered the impeachment motion against Chief Justice,” ShreedharNeupane, Media Advisor of House Speaker confirmed ANI over the phone.
Sitting Law Minister Dilendra Prasad Badu and other ruling party lawmakers reached the Parliament Secretariat with the impeachment motion at 11:10 am (local time), the secretariat confirmed.
Ahead of the lodging of the impeachment motion, the delegation had met with House Speaker Agni Prasad Sapkota. The motion has been lodged by Nepali Congress Chief Whip Pushpa Bhusal, CPN (Maoist Center) Chief Whip DevGurung.
Protest has continued against CJ Ranaby fellow lawyers and justices from Supreme Court calling to “bar CJ Rana from entering office” organizing a sit-in-protest on the gate of Supreme Court.
Nepal Bar has been in agitation demanding the resignation of the Chief Justice, accusing it of seeking a political share in the cabinet, and encouraging corruption in the judiciary.
Advocates and Justices at Supreme Court had started agitation against CJ Rana from end of Octoberlast year alleging head of the Nepal’s Apex Court of misappropriation. CJ Rana has been blamed of making attempts to take political and personal incentives while delivering verdicts.
The agitating advocates and justices also have accused Chief Justice Rana of “bench shopping” meaning hearings were held for purpose of making a favorable decision for one of the parties. There are also allegations that the court has failed to do any work of reform. Overall, there are allegations of anomalies, irregularities and corruption in the judiciary.
Amongst the allegations of misappropriation labelled at CJ Rana is the decision to reduce the imprisonment of the then DIG of Armed Police Force, RanjanKoirala. Lawyers and advocates have claimed that CJ Rana “deliberately” ignored review on the case.
Koirala was sentenced to life imprisonment on April 20, 2014, by the Kathmandu District Court and then pronounced by Patan High Court after review petition was filed. However, joint bench of Chief Justice Rana and Justice TejBahadur KC had reduced the sentence to eight and a half years though it was case of murder and attempt to erase the evidence.
Koirala in 2012 had murdered his wife and then disposed the body in a jungle in outskirts of Kathmandu and misled the police with false information. After the verdict made by CJ Rana’s bench the Office of the Attorney General had filed a review petition on July 23, 2020, the same day as the verdict.
On the fourth day, i.e. July 26, a joint bench of Justices Bam Kumar Shrestha, Prakash Kumar Dhungana and Kumar Regmi granted permission to review the verdict. No hearing has been scheduled over the case, though 15 months have passed since the review was officially allowed.
The lawyers and advocates who have come down against the Chief Justice for the first time in Nepali legal history claim that latest round of agitation would ward off ill-practices that remains in the judicial system.
But CJ Rana in his interview with a local media last year had defended himself claiming all the allegations to be false and has continued to allot benches and cases on daily basis.
Earlier, CJ Rana had landed into criticism for attending meeting of Constitutional Council held after issuance of an ordinance by the then Prime Minister KP Sharma Oli. Ordinance issued back on the time had reduced requirement of opposition leader and house speaker in the meeting reducing the majority required to make the appointments.
A separate writ petition was lodged then issued ordinance and appointments that were made in accordance to it. The writ petition was there in the Constitutional Bench and the writ against the appointment is in the Division Bench.
Questions had rose high at the time about presence of Chief Justice in the Constitutional bench as the case was against the head of judicial body and it was mandatory for him to be present in the proceedings.
Soon after the debate, CJ Rana, in his writ petition, announced to stay away from Constitutional Bench. In the meantime, further complicating dilemma, Judge Hari Phuyal, had given the verdict that hearing in a writ petition related to mandatory presence of Chief Justice had to be settled prior to making any other decisions with or without the presence of Chief Justice Rana. Chief Justice Rana, however, has not been able to resolve this issue.
The agitating advocates and justices also has accused Chief Justice Rana of “bench shopping” meaning hearings were held for purpose of making a favorable decision for one of the parties. There are also allegations that the court has failed to do any work of reform. Overall, there are allegations of anomalies, irregularities and corruption in the judiciary.
Chief Justice for the last time landed in controversy after his brother-in-law Gajendra Bahadur Hamal was appointed as a non-parliamentary minister to confirm the allegation that he was seeking a share.
Chief Justice Rana has maintained that he will not resign and that he is ready to face impeachment by parliament which is the constitutional process to remove the chief justice. (ANI)