JC to revise terms to appoint judges

KATHMANDU, DEC 20 -

The Judicial Council ( JC ) is set to revise the criteria for the appointment of justices and judges. Among the criteria being weighed are fixing time frame for appointing justices to Supreme Court and judges in appellate and district courts upon vacancy.

The criteria, which are yet to be finalised, are expected to ease the appointment process. According to the draft of the criteria under discussion at the constitutional body, the vacant posts of justices at the apex court need to be fulfilled within three months of vacancy. At present, there is no time limit for the appointments. The draft also envisions filling vacant positions of district court judges by mid-May every year.

The vacancy of the chief judge at an appellate court is planned to be filled within six months. Proposing to consider the seniority of candidates, the draft hints at the fact that chief judges of appellate courts may not be automatically eligible for the post of apex court justice.

First priority would be for the person who has already served as an apex court justice. The second choice would be the chief judge of an appellate court followed by senior advocate and someone who has served seven years as an appellate court judge. A cadre of the judicial service of a special class or a first class official who has served 12 years would be ranked next.

Council sources claim that the proposal on hierarchy is being mulled in the wake of recent appointments wherein hierarchy and experience were not addressed properly. “We have taken initiatives to correct the process in Supreme Court appointments,” said a highly-placed JC source. While re-appointing the five justices for a year some eight months ago, the source clarified, Prakash Wosti was made senior on the basis of seniority while Baidya Nath Upadhyay, who had been an appellate court chief judge after his term as temporary justice ended, was not made senior.

The draft says temporary justices may not be recommended for permanency if the Council’s attention is drawn by the parliamentary committee during hearing.

The JC could decide on a complaint against a candidate regarding his/her appointment. But senior JC officials say there is debate within the council whether to take

action against a candidate after parliamentary hearing as that could be infringing

on the jurisdiction of the parliament.

The provision will also require appellate and district court candidates to declare among other things sources of their income and assets. JC officials, however, said nothing concrete about the complaint procedure was worked out. So far, 196 complaints have been filed against appellate and district court judges and about 25 against apex court justices.