Kathmandu, January 10
A writ petition has been filed in the Supreme Court seeking an inquiry order against Chief
Justice Cholendra Shamsher Jabra.
The petition filed by advocate Madhav Kumar Basnet on Mangsir 28 has not been registered by the Supreme Court administration even after one month.
”It’s been almost a month since I applied. Advocate Basnet told online news, ”What action did I take on my application on Sunday after it was too much?” I have submitted the application as per the right to information.
Rules 17 and 18 of the Supreme Court Rules state that a petition can be filed in the court and it can be rejected. According to the said rule, an application which does not fall under the jurisdiction of the court, has no right, has no legal basis should be rejected as it cannot be registered.
When making such an order called Darpeeth in legal language, the basis and reason for non-registration should also be disclosed. And a copy should be given to the party concerned. Otherwise, the application submitted as per the rules should be registered. But the apex administration has not decided whether to reject or register Basnet’s petition.
What is in the petition?
The petition, which was made available to online news by a top administration source, alleges that Chief Justice Cholendra Shamsher Jabra was incompetent and incapable of fulfilling his constitutional responsibilities and failed to act in accordance with the constitution, law and code of conduct for judges. In the petition, he said that he was undermining the people’s trust in the organization by abusing his position and position for personal gain.
Advocate Basnet also demanded that an order be issued in the name of the Speaker, the House of Representatives and the Impeachment Recommendation Committee to expedite the investigation into Jabra. The writ petition has also demanded to make the arrangement of Kamu Chief Justice effective by dismissing Chief Justice Jabra. There is also a demand to issue an interim order on the issue and give priority to the issue.
In the writ petition, Advocate Basnet had opposed Chief Justice Jabra as well as his official
residence, the Supreme Court, the Constitutional Council and its Secretariat, the Secretariat of the Speaker and the House of Representatives, and the Impeachment Recommendation Committee of the Federal Parliament.
Raju Prasad Chapagain, a lawyer and former chairman of the Constitutional Law Practitioners’ Forum, had also filed a petition in the Supreme Court. In the petition, reasons have been sought as to whether action has been taken on the petition filed by Advocate Basnet for registration.
Similarly, demand has also been made for the reasons for non-registration of writ and per-
bench till now. The petitioner and advocate Basnet again filed another petition seeking
information from the apex court.
By Karuna Thapa
