Three Writs Filed in Supreme Court Challenging Attorney General Kandel's Qualifications

Kathmandu. Three separate writs have been filed at the Supreme Court challenging the qualifications of Attorney General Dr. Narayan Dutta Kandel.

Advocates Madhav Kumar Basnet, Deepak Raj Joshi, and two others, along with Shiraj Baral, filed the writs on Wednesday, questioning the eligibility of the Attorney General.

The preliminary hearing for the three writs has been scheduled for Thursday, Baisakh 10. Previously, the Supreme Court administration had rejected a writ filed by Advocate Madhav Kumar Basnet. Prime Minister Balendra Shah (Balen) appointed Kandel as Attorney General on Chaitra 22. The writs challenge Kandel's constitutional eligibility for the post.

The petitioners claim that Dr. Narayan Dutta Kandel does not meet the qualifications stipulated under Articles 157(3) and 129(5) of the Constitution of Nepal. They have requested an order of certiorari to annul the appointment and oath taken on Chaitra 22, 2082, and have sought a writ of quo warranto.

Additionally, an interim order has been requested to prevent Dr. Kandel from performing any duties as Attorney General until the final resolution of the case.

The petition claims that Kandel, who returned after living in the UK for a long time, lacks the required 15 years of continuous legal practice. The petitioners argue that allowing him to hold the position would violate the Constitution due to his lack of mandated qualifications and the existence of a conflict of interest.

Article 157(3) states that the Attorney General must possess the qualifications required to be a judge of the Supreme Court. Article 129(5) of the Constitution outlines the qualifications for a Supreme Court judge.

The article states that a Nepali citizen is eligible for appointment as a Supreme Court judge if they have a law degree and have served as a Chief Judge or judge of a High Court for at least 5 years, or have practiced law continuously for at least 15 years as a Senior Advocate or Advocate, or have worked continuously for at least 15 years in the field of justice or law as a distinguished jurist, or have served in a gazetted first-class or higher position in the judicial service for at least 12 years.