Hearing on writ against JB Rana’s suspension begun

KATHMANDU: Hearing on the petition against lifting the suspension of Chief Justice Cholendra Shumsher JB Rana has started in the constitutional bench.

‘The impeachment will be presented in the new House of Representatives,’ senior advocate Tikaram Bhattarai said in the opening argument (HoR). “The indictment against JB Rana will not die,” he says.

At the same time, he stated that the letter issued by the General Secretary of the Federal Parliament, Bharatraj Gautam, lifting JB Rana’s suspension was unconstitutional. JB Rana is suspended under Article 101 (6) of the Constitution. He stated that the letter was unconstitutional.

According to Article 101, sub-section 6 of the Constitution, the Chief Justice of Nepal or Supreme Court Judge, member of the Judicial Council, head or official of the constitutional body shall not be able to perform the functions of his office until such proceedings are concluded.

On Dec 7, the General Secretary of the Federal Parliament, Gautam, issued a letter lifting JB Rana’s suspension. A constitutional bench has been formed, led by Permanent Chief Justice Hari Krishna Karki, to hear the writ filed against it in the Supreme Court. The Constitutional Bench is composed of Senior Justice Bishwambhar Prasad Shrestha, Justice Ishwar Prasad Khatiwada, Ananda Mohan Bhattarai, and Anil Kumar Sinha.

The first argument was made by senior advocate Tikaram Bhattarai, who wrote the writ petition.

Along with Bhattarai, Gopal Krishna Ghimire of the Nepal Bar Association, Purnaman Shakya of the Supreme Bar, Senior Advocate Badri Bahadur Karki, and Shambhu Thapa of the Supreme Bar will argue the writ.