Supreme Court Issues Show Cause Notice Over Attorney General's Qualifications
Kathmandu. The Supreme Court has issued a show cause notice to the government regarding a writ petition challenging the qualifications of Attorney General Dr. Narayan Datta Kandel. A single bench of Justice Kumar Regmi issued the order and summoned both parties for a discussion on an interim order.
Four advocates, including Madhav Kumar Basnet and Deepak Raj Joshi, along with Shiraj Baral, filed the writ on Wednesday, questioning the Attorney General's eligibility. Prime Minister Balendra Shah (Balen) appointed Kandel as Attorney General on Chaitra 22. The petition challenges Kandel's constitutional qualifications.
The petitioners claim that Dr. Narayan Datta Kandel does not meet the requirements set forth in Articles 157 (3) and 129 (5) of the Constitution of Nepal. They have requested a writ of certiorari to annul the appointment and oath taken on Chaitra 22, 2082, and a writ of quo warranto to challenge his authority. Additionally, they have sought an interim order to prevent Dr. Kandel from performing any duties as Attorney General until the final verdict.
The petition argues that Kandel, who returned after living in the UK for a long time, lacks the required 15 years of continuous legal practice. It asserts that allowing him to hold the position violates 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, as defined in Article 129 (5).
That article specifies 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 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.
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