Impeachment motion filed against Nepal CJ, justices to continue protesting

After three months of continuous protest by the judicial bodies against the Chief Justice of Supreme Court Cholendra Shamsher Rana, ruling parties of the Nepal Government on Sunday filed an impeachment motion against the Chief Justice.

Lawmakers of the ruling coalition filed a 21- point impeachment motion against the chief justice. A total of 98 lawmakers have signed the proposal to impeach the CJ registered at the Parliament secretariat today, alleging the Chief Justice incapable of upholding democracy and the rule of law.

Following the registration of the motion, CJ Rana has been automatically suspended from practicing his duties.

Add WION as a Preferred Source

In the letter sublimed to the Parliament, lawmakers have accused the current Chief Justice of being “incapable of safeguarding democracy, human rights, justice, the rule of law, constitutional supremacy and an independent, competent, impartial and responsible judiciary.“

“Within the Supreme Court and the judiciary, there is a situation of excessive distortions, inconsistencies, corruption, and intermediaries,” it added.

The Nepal Bar Association President Chandeshwor Shrestha told WION that the bar will continue with their protest until the motion is passed.

"The Nepal Bar Association has been carrying out protests for 106 days against the Chief Justice, asking for his resignation, but Rana has been adamant. He was of the view that as he was appointed through a constitutional process, and can only be removed through a constitutional process. The Bar Association had earlier requested the government to remove him from the position of the CJ,” Shrestha told WION.

So following which, Shrestha said “they (the government) have filed an impeachment motion against him. Almost 98 MPS are in support of the motion. Shumsher Rana has automatically been debarred from carrying out his duties immediately following the registration of the impeachment motion against him.”

“Nepal Bar considers it is its duty to save the judicial system and we will continue protesting until the motion is passed and our demands are met,” he added.

Article 101 (2) of the Constitution of Nepal states that one-fourth of the MPs can register an impeachment motion against any official holding a constitutional position on the ground of failing to perform duty effectively or of working against the constitution or seriously violating their code of conduct.

Condemning the decision of the governemnt of filing the impeachment motion, CPN-UML opposition leader, Bishnu Rijal said that the party will not support the motion and will file a counter-motion soon.

"Impeachment motion is part of a controversy to destabilize the court. There is no reason to bring the motion. The current government was formed by the verdict of the court given by the five justices which is undemocratic, unconsitutional. We have our own reservation on the issue. We condemn the decision of the court of electing the current government where the Prime Minister was appointed by the court rather than by the President and the Parliament," Rijal told WION.

"All five justices who had given the verdict should be impeached and not only the CJ. there is no valid reason to impeach the CJ. It is clear that without the support of the CPN-UML, the motion will not be passed," he added.

While one-fourth of the lawmakers can register the impeachment motion, it needs a two-third majority of Parliament to endorse it.

The support of the main opposition CPN-UML is a must to endorse the motion, as the parties that have filed the motion have just 134 votes in total.

It needs 181 votes to pass the impeachment motion in the 271-strong Parliament.

Nepal Bar has been in agitation demanding the resignation of the Chief Justice, accusing him of seeking a political share in the cabinet, and encouraging corruption in the judiciary.

Recently, the Chief Justice landed in controversy after his brother-in-law Gajendra Bahadur Hamal was appointed as a non-parliamentary minister to confirm the allegation that he was seeking a share.

Chief Justice Rana had always maintained that he will not resign and would rather face impeachment by parliament. This is the constitutional process to remove the chief justice.