Contempt of Court guilty ineligible for the post of judge: Apex Court
KATHMANDU, Sep 3: The full court, the apex policy making body of the judiciary, has decided to recommend the government to appoint only those individuals not convicted on contempt of court to the post of judge.
A meeting of the full court held at the Supreme Court (SC) on Sunday took the decision to this effect.
"As the government had asked for suggestion from the SC on the bill on amending Judicial Council Act, 2049 BS, today´s (Sunday) full court meeting decided to recommend the government not to appoint those who are convicted on contempt of court to the post of judge in the line of the verdict passed by a division bench of Justices Balram KC and Ram Kumar Prasad Shah two years ago," said Spokesperson of the SC Shrikant Poudel.
The bench on September 20, 2010 had directed the government to introduce necessary law regarding appointing only those individuals not convicted on contempt of court to the post of judge. The SC had passed such a verdict after it found Advocate Shakuntala Thapa guilty of contempt the court following the apex court verdict on Charles Shobraj.
The Judicial Council had forwarded a bill on amending the Judicial Council Act, 2049 BS to the law ministry on March 5.
According to sources, Judges were divided over including issue of contempt of contempt in the new act. "Justices Ram Kumar Prasad Shah and Kalyan Shrestha maintained that those individuals who are convicted on contempt of court could be appaointed to the post of judge, while Justice Sushila Karki agrued against it," said a knowledgeable source on the condition of anonymity.
Justices Shah, Shrestha and Karki are the members of a committee formed by the apex court to make recommendation from the SC on the bill amending the Judicial Council Act, 2049 BS.
The full court meeting decided to forward the bill to the government by making some linguistic corrections.
The Judicial Council has proposed that no one convicted of contempt of court, human rights violation, tax defaulters, those individuals convicted in accordance with the Election Act and of abuse the public post be appointed to the post of judge.