Supreme Court Registrar Bhadrakali Pokharel has issued a bench order on the writ petition filed by advocate Madhav Kumar Basnet.
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The writ petition filed in the Supreme Court against the appointment of the Attorney General (Legal Advisor) of the Balendra Shah-led government has been dismissed (refused to be registered).
Supreme Court Registrar Bhadrakali Pokharel has dismissed the writ petition filed by Advocate Madhab Kumar Basnet on Friday. The Acting Chief Justice of the Supreme Court was also named as a respondent in the writ petition. Advocate Basnet claimed that Kandel, who was appointed as the Attorney General, did not meet the qualifications prescribed by the Constitution.
The writ petition demanded that the government should nullify the appointment of a person who did not meet the qualifications prescribed by Articles 157 (3) and 129 (5) of the Constitution as the Attorney General.
Article 157 (3) states that the Attorney General should have the same qualifications as a judge of the Supreme Court.
Similarly, Article 129(5) stipulates the qualifications of a judge of the Supreme Court. The said article states that a Nepali citizen who has obtained a bachelor's degree in law and has worked as a Chief Justice or a judge of a high court for at least 5 years, or has obtained a bachelor's degree in law and has practiced law continuously for at least 15 years as a senior advocate or advocate, or has worked continuously in the field of justice or law for at least 15 years and has gained a reputation as a distinguished jurist, or has worked in the gazetted first class or higher post of the judicial service for at least 12 years, is considered eligible for appointment as a judge of the Supreme Court.
The writ petition claims that Kandel, who has returned from a long stay in the UK, does not have the qualifications prescribed by the constitution and there is also a conflict of interest, so allowing him to work in the said post would violate the constitution.
Kandel was appointed Attorney General by President Ram Chandra Poudel on 22 Chaitra on the recommendation of Prime Minister Shah.
Registrar Pokharel has cited two technical and legal grounds for refusing to register the petition. It has been claimed that the petitioner has not submitted any document confirming the violation of his fundamental or legal rights and that if Kandel has acted against the law, legal redress will be sought through regular procedures.
The court administration has filed the petition today, so the petition can now be filed in the bench on Monday. If the bench orders registration, the writ will be registered, while if the bench upholds it, the chapter of this case will be closed.
