A constitutional bench of the Nepal Supreme Court listening to a plea in opposition to the dissolution of Parliament is more likely to be reconstituted following robust protests from advocates, who mentioned that two of the judges — Justice Tej Bahadur Ok C and Justice Bam Bahadur Shrestha — could have a battle of curiosity.
The five-judge bench had already heard three periods, with the eligibility of the 2 judges questioned time and again by senior judges.
While each judges declined to recuse themselves, Chief Justice Cholendra Shumsher Rana on Tuesday agreed to reconstitute the bench following a gathering with representatives of the Nepal Bar Association. The Chief Justice was below stress to reconstitute the bench after the remaining two judges within the bench, Justice Dipak Karki and Justice Ananda Mohan Shrestha, threatened to decide out if the 2 judges in query didn’t withdraw.
Soon after assembly members of the Bar, Chief Justice Rana instructed the judicial council to amend the present rule that authorises the CJ to train his discretion to represent the bench and produce it earlier than the “full court docket” in order that judges are picked on seniority foundation whereas coping with constitutional problems with a critical nature.
Earlier, Prime Minister Ok P Oli had courted controversy after he mentioned that the demand by “kalo kote (black coats)” or attorneys that the petitioners ought to “determine the bench was anarchic”. This triggered a wider debate as to why Oli was seemingly coming to the rescue of the bench listening to a case in opposition to him.