Sapana Pradhan Malla's Name Removed and Restored on Judicial Council Websites
Kathmandu. After Chief Justice Dr. Manoj Kumar Sharma assumed office on Tuesday, May 5, the name of senior-most Justice Sapana Pradhan Malla was kept in the Judicial Council and Judicial Service Commission until Wednesday, May 6, at 2 PM. The name of Justice Pradhan was suddenly removed after 2 PM on Wednesday. When asked about this matter by Ratopati, Information Officer of the Judicial Council, Kuber Pandey, said that it was removed due to a lack of clear instructions from above. 'We will only keep the name after receiving clear information from the Chief Justice about who the senior-most justice is,' Pandey had said to Ratopati last Thursday. After Pradhan's name reappeared as the senior-most justice on the websites of the Judicial Council and Judicial Service Commission from Sunday, Information Officer Pandey stated that the name was removed due to a technical error. When Ratopati asked if the name was removed because there was no instruction and now it has been added because there is an instruction, Information Officer Pandey said, 'The Secretaries have informed that the name was removed due to a technical error.'
The Constitution of Nepal, Article 153, provides for a Judicial Council chaired by the Chief Justice to recommend and consult on matters related to the transfer, appointment, disciplinary action, dismissal of judges, and judicial administration. The senior-most justice of the Supreme Court is a member of this council. Article 154 of the Constitution provides for the Judicial Service Commission. This commission, also chaired by the Chief Justice, also has the senior-most justice of the Supreme Court as a member. However, the Judicial Council Act 2073, the Judicial Administration Act 2073, and the Judicial Council Regulations 2074 do not have a clear definition of the senior-most justice.
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