KATHMANDU, Oct 16: The Supreme Court has upheld its earlier decision to scrap the writ petition filed against the appointment of 11 justices.
A single bench of justice Om Prakash Mishra on Sunday endorsed the decision. The verdict has effectively thwarted any overtures to oust the 11 SC justices appointed during the government led by KP Sharma Oli.
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Earlier, the court administration had assigned Justice Deepak Raj Joshee to conduct the hearing on the writ petition. But Justice Joshee refused to take up the case arguing that he represents the JC as its member in the capacity of the senior-most justice and conducting the hearing would be a case of conflict of interests, according to SC administration.
Earlier this month, the court administration had registered the petition filed by advocates Ganesh Prasad Pandey and Shrawan Kumar Shrestha to scrap SC's previous decision to quash the writ petition against the appointment of 11 justices.
Advocates Ganesh Prasad Pandey and Shrawan Kumar Shrestha filed the case earlier this month after the apex court on March 20 scrapped a writ petition filed against the recommendations made by the Judicial Council (JC) for appointing 11 permanent justices at the apex court.
Responding to the writ petition filed by advocate Bijay Singh Sijapati, a single bench of Justice Jagadish Sharma Poudel had quashed the petition. The court stated that the recommendations did not have any legal and constitutional questions.
Sijapati had argued that the council had no right to make such recommendations before it getting a full shape as per the new constitution. He had also argued that the JC made the recommendations with mala fide intent at a time when parliamentary hearing could not be conducted in absence of relevant regulations.
