Supreme Court Issues Show Cause Order on Property Investigation Including Judges

Kathmandu. The Supreme Court has issued a show cause order on the writ filed stating that judges and former judges are also included in the property investigation.< /p>

In the second writ filed by advocate Dr. Premraj Silwal claiming that the property commission is unconstitutional and beyond its jurisdiction, the first hearing was held and an interim order was refused, and a discussion was called.< /p>

If there is a basis and evidence that the Chief Justice or a judge has committed corruption, then according to the legal provisions and legal process, as per Article 101 of the Constitution, after being removed from office by impeachment by the parliament, the investigation, research, and prosecution can be done by the constitutional body Commission for Investigation of Abuse of Authority and a case can be filed in the special court. The writ has been filed stating that the provision related to the commission's jurisdiction is contrary to this.< /p>

It is claimed in the writ that the government has made arrangements for former Chief Justices, judges, and according to sub-section (b) of section 2(17), even incumbent judges can file complaints with the commission, which is contrary to international practice.< /p>

This will destroy the spirit, recognition, basis, and constitutional arrangement of the independent judiciary, and judges will have to remain under the pressure, influence, hope, and fear of the government, hence the commission itself is beyond its jurisdiction and a demand for its abolition was made.< /p>