Kathmandu, Nepal, September 20, 2022: Though the government has decided not to allow the suspended Chief Justice Cholendra Shumsher Rana to return in the Supreme Court to continuity to his duty, questions are aroused against of the decision.
Legal experts have warned that severe consequence would emerge in the country if the government opt the option of preventing him from leaving his residence by deploying heavy security personnel at the gate of his official residence in Baluwar sans opting any amicable solution.
There is no clarity on whether the suspended chief justice Rana can return to the Supreme Court to continue his duty after the term of the House of Representatives (HoR) ended without settling the impeachment motion registered against him.
As suspended Chief Justice Rana was planning to resume his job from Sunday after five year term of the HoR ended on Friday without endorsing the impeachment motion registered against him, the government had prevented him by deploying heave security personnel at his official residence. Security personnel were also deployed at the gate of the Supreme Court to prevent him from entering in case of he escaped the security personnel deployed at his official resident.
Preventing him at the official residence until his retirement would not be considered as an amicable solution of the problem, a legal expert said. Since he is recognized as the suspended chef justice and the HoR has also failed to prove the allegations labeled in the impeachment motion, he should not be prevented from resume his job, he said.
The National Human Rights Commission (NHRC) and main opposition CPN-UML have stand against of the government decision to prevent Rana at his official residence even accusing to the government of using excessive power to deprive him of movement. Some legal and constitutional experts have also stated that suspension of Rana is lifted with the end of the HoR.
As the government would compel to lift the confinement imposed against of Rana if any case was filed against of the decision, the legal expert have also suggested that the government should find an amicable solution immediately by taking into confidence to him.
According to him, resignation of Rana from the post is the only amicable solution if the government feels insecure from his re-entry into the Supreme Court. However, Rana has already left a clear sign that he would not resign from the post. It is said that Rana has a stand that he should be allowed to enter at the Supreme Court after the HoR ended sans endorsing the impeachment motion.
The lawmakers of the ruling head Nepali Congress, the CPN (Maoist Centre) and the CPN (Unified Socialist) had registered an impeachment motion against Rana on February 13 labeling him of about three dozen charges. Following the registration of the impeachment motion, he was automatically suspended from the post.
