SC orders to stop the land selling of Giribandhu Tea Estate

The Supreme Court has put a full stop to the attempt to sell the land worth billions of Giribandhu Tea Estate in Jhapa .

Supreme Court ordere to stopped the selling process of the land of the tea state, stating that the ammendment of the land reform acts made by the then KP Oli-led government were not favorable to the legal provisions.

In this case, which is considered to be political corruption, the Constitutional Bench of the Supreme Court has given an order to confiscate more land than the limit. The writs filed by Advocate Omprakash Aryal, Bhaktaraj Bharti and Omprakash Mishra on different dates were heard simultaneously by the Constitutional Bench and gave the verdict.

The bench headed by Chief Justice Vishwambhar Prasad Shrestha has quashed the government’s decision and all the actions taken in accordance with it. In the summary order issued by the bench of Justices Ishwar Prasad Khatiwada, Prakashmansingh Raut, Sapna Pradhan Malla and Sushmalta Mathema, it is said that, ‘Controversial decision granting approval to Giribandhu Tea Estate Pvt. Ltd. to sell 343-19-12 bigha of land under Land Act, 2021 will be invalidated as it does not appear to be in accordance with the legal provisions including Section 12(c) and is of an immature nature.’

SC orders to present documents in marital rape case against Judge Giri

Kathmandu – Supreme Court has ordered to present the order passed by the Patan High Court in the marital rape case filed against the suspended District Judge Bhuvan Giri.

The bench of Chief Justice Ishwar Prasad Khatiwada and Judge Sunil Kumar Pokharel has ordered to present the documents in the case . The then judge of Rupandehi District Court, Bhuvan Giri, was ordered not to be detained by the High Court in the marital rape case.

Giri was ordered to be released on bail in the rape case filed in the Kathmandu District Court in that dispute. Against the same order, his wife filed a petition in the Patan High Court.Giri’s wife approached the Supreme Court after the Patan High Court upheld the order of the Kathmandu District Court.

Prachanda acquitted in contempt of court case

Kathmandu: The Supreme Court acquitted Prime Minister Pushpa Kamal Dahal Prachanda in the contempt of court case and clarified that the court will not act with any prejudice or revenge.

After the Supreme Court acquitted the writ petition filed by senior advocate Dinesh Tripathi, the full text of the verdict has been made public. A joint bench of Judge Ishwar Prasad Khatiwada and Kumar Regmi acquitted Prime Minister Dahal in the contempt case .

Dahal, who is also the chairman of the CPN Maoist Center, iexpressed that “the court made a terrible conspiracy against the peace agreement while making the decision on the case regarding the maoist insurgency “. Aiming at Dahal’s statement, the full text of the Supreme Court says, “The court does not become reactive by nature, the court does not act with any bias or revenge.” It works to guide the darkness existing in the society towards the light by showing the light of justice.’

“It is not reasonable to automatically consider someone’s expression as a matter of contempt of court on the basis that it is indecent or provocative,” the full text says, “it needs to be viewed according to the subject and context.” It did not seem sensible to consider it as a contempt of court and make it a subject of punishment. It does not seem reasonable to form a judicial opinion by considering the news published in a certain newspaper as the decisive reliable basis.

It is mentioned in the full text of the judgment that there is no credible, factual basis or evidence regarding Dahal’s statement, so that it can not be considered as contempt of court.

Attention of National Human Rights Commission to appoint judges including Chief Justice

Kathmandu- The Human Rights Commission, expressing its serious attention, has urged the government to fill the vacancies of judges immediately and move the judiciary forward competently.

Even though there is a provision that the Chief Justice can be recommended for appointment one month prior the vacancy, the government and the Constitutional Council have not done any homework regarding the recommendation of the Chief Justice and due to the failure on appointing judges in the courts for a long time, the commission is concerned about the impact on the constitutional right of the citizens on getting speedy justice.

In a statement issued by the National Human Rights Commission, the spokesperson of the commission, Dr. Tikaram Pokharel has drawn the attention of the government saying that due to the failure to appoint judges on time , it has created an obstacle in the judicial rights of all the citizens.

Currently, 53 judges in the High Court and 38 in the District Court are vacant, according to the Judicial Council. The number of pending cases in the Supreme Court, High Court and District Court is increasing when the post is vacant. Due to the lack of judges, the hearing of the case could not be done on time. There are currently 30,104 pending cases in the Supreme Court. More than 26,000 cases are yet to be heard in the High Court. Similarly 102,542 cases are pending in the district court.

According to the constitution , there is a provision to recommend the Chief Justice one month before the post of Chief Justice becomes vacant, but until now, even the meeting of the Constitutional Council has not been held regarding the matter of the recommendation of the Chief Justice. Chief Justice Karki, Speaker of the House of Representatives Devraj Ghimire, Speaker of the National Assembly Ganesh Timalsena, Leader of the Opposition KP Sharma Oli, Deputy Speaker Indira Rana are members of the Constitutional Council chaired by Prime Minister Pushpa Kamal Dahal ‘Prachanda’.

Chief Justice Harikrishna Karki is compulsorily retiring on 20th of Shrawan, 2080 BS. According to Article 284 (3) of the Constitution, there is a provision that the Constitutional Council can make a recommendation for the appointment of the Chief Justice one month before the post becomes vacant.

Jabara’s impeachment nullified: Bar Association on protest

The general secretary of the Parliament Secretariat, Bharatraj Gautam, has issued a letter stating that the impeachment of the suspended Chief Justice Choldra Shamsher Jabara has become ineffective.

Meanwhile, the Supreme Court has issued instructions to the security agencies to stop Cholendra Shamsher Jabara, who is about to return to the Supreme Court after Bharatraj Gautam gave a letter that the impeachment was ineffective, and on the other hand, the employees of the Bar Association have staged a protest at the gate of the Supreme Court to stop him. The Supreme Court has questioned General Secretary Gautam about the letter and also asked for an explanation.

Bar Association President Purnaman Shakya and other officials have also submitted a writ petition to the Supreme Court saying that the letter given by the General Secretary of the Federal Parliament Bharatraj Gautam stating that the impeachment proposal against Chief Justice Cholendra Shamsher Jabara is ineffective is illegal.

Regarding the subject , Government Spokesman and Minister of Communication and Information Technology Gyanendra Bahadur Karki has said that the grand indictment against Chief Justice Cholendra Shamsher Jabara is still alive and the matter will be discussed in the upcoming House of Representatives.

Acting Chief Justice Deepak Kumar Karki on compulsory retirement

Acting Chief Justice Deepak Kumar Karki has gone on compulsory retirement from today.

Karki, who held the position of Acting Chief Justice for about 7 months, has gone on compulsory retirement due to the age limit of 65 years.

Due to the suspension of Jabara, Karki got an opportunity to lead the Supreme Court. With the departure of Deepak Karki, Supreme Court will be headed by Harikrishna Karki. Karki will become the Chief Justice on Mangsir 27, 2079 BS.

Supreme Court issued a show cause order to President’s Office

The Supreme Court has issued a show cause order in the name of the Office of the President while hearing a writ petition against the President’s action registered in the Supreme Court for not validating the Citizenship Bill.

A single bench of Justice Hari Prasad Phuyal ordered the President’s Office to submit reasons for not validating the Citizenship Bill. Five writ petitions against the President’s action were taken up together today.

Case against the President’s action in the bench of Justice Fuyal

A writ petition against the President’s action, which was registered in the Supreme Court for not validating the Citizenship Bill, has been submitted to the bench of Justice Hari Phuyal.

Five cases have been filed in the Supreme Court against President Bidya Devi Bhandari for not fulfilling her constitutional obligations. The writs, which have been filed together, have been placed at number 8 of Phuyal’s bench.

The petition filed by Advocate Sunilranjan Singh and Advocate Sagar Baral, Sunil Kumar Yadav, Dev Sharma and Sonu Rauniar has been filed together. In their registered petition, they demanded that a writ should be issued by the Supreme Court in the name of the President to validate the bill.

Petition filed in Court against the President’s move

A writ has been registered in the Supreme Court against President Bidya Devi Bhandari, saying that she violated the Constitution by not validating the Citizenship Bill.

Advocate Sunil Ranjan Singh has made the office of the President an opposition in the petition, demanding to verify the citizenship bill.

Stating that President Bhandari did not certify the Citizenship Bill as per the constitutional provision, Singh has demanded to rule out the decision of the President and issue an order to verify the bill.

Petition in Supreme Court: Demands to vacate the post of Speaker and Deputy Speaker

Advocate Kishore Paudel, Anupam Bhattarai, Jagannath Dulal and others have filed a writ in the Supreme Court, demanding to vacate the posts of Speaker and Deputy Speaker of the House of Representatives.

According to the provisions of Article 91 (6) (a) of the Constitution, the petitioner demands that the posts of the Speaker and the Deputy Speaker should be vacated as their posts remain in place until the day before the filing of nominations for the next election to be held for the House of Representatives.

They claim that since the parties have submitted a closed list for proportional MPs, retaining the posts of Speaker and Deputy Speaker is against the constitution. It has been demanded that service facilities should also be stopped until the final decision of the petition is made, as it will be an extreme misuse of resources if they remain in the post .

In order to prevent the Speaker and Deputy Speaker from abusing the resources and services received by the State until the end of the petition, an interim order should be issued in the name of the opponent in accordance with Rule 49 of the Supreme Court Rules, 2074 to prevent them from using the services provided by the State while they are in that position. ‘, the petition demanded.

Transfer of 224 District Judges

The Judicial Council has decided to transfer 224 district judges.

The council meeting held on Tuesday decided to transfer 224 district judges. Similarly, the council meeting held today also decided to publish notices for the appointment of 27 vacant judges in the High Court.
List of Judges being transfer: