I will not give up chief justice post, Regmi tells SC

KATHMANDU, JUL 25 -
Citing constitutional provisions, Chairman of Interim Election Government Khil Raj Regmi has told the Supreme Court that he will not resign from the post of chief justice.

Furnishing a written reply to the court on July 18, Regmi argued that the presidential order to remove constitutional difficulties made new provisions in the constitution, which states that the government would be headed by a sitting chief justice. “If I resign from the post of chief justice, I will no longer remain as the Cabinet chairman, which in turn could lead to new constitutional complexities,” read the reply.

Regmi also clarified that the executive role he took up will not hamper the principle of separation of power as the constitution envisages defined roles for all the state organs. The chief justice, until discharging the duty of the executive, will remain completely dissociated from judicial tasks, which will ensure judicial independence, he said. Regmi also argued that petitioner Bharat Jungum has failed to clarify how he had violated the code of conduct meant for judges.

Chairman Regmi also cites international experiences of Greece, Canada and Ghana, among others, arguing that sitting chief justices have assumed executive roles. The apex court last month had asked Regmi to explain why he was holding the dual positions as head of the executive and the judiciary.

The SC bench was responding to a petition filed by Jungum, demanding Regmi’s resignation as the chief justice. Jungum had moved the court on May 27, arguing that Regmi holding the two positions is against the principle of separation of powers.

Jungum argued that Regmi, who is also the chief justice, did not even consider the fact before taking up the executive post that a petition challenging his possible appointment remains sub judice. He took the oath of office the same day a hearing was scheduled.

However, on March 18, an apex court ruling ordered that Regmi be known only as the chairman of the Interim Election Government as long as he remains at the government helm.

Jungum maintained that Regmi failed to keep his own word as a statement published by the court administration on his behalf on February 25 clarified that they would take into consideration the ‘judicial decision’ before they take any step.

He also stated that Regmi failed to uphold the constitutional provision. As per Article 106 (1) of the Interim Constitution, a chief justice or justice of the apex court cannot be engaged or deputed to any other assignment except that of a judge. Towards this, Regmi argued that there is no constitutional hurdle following the removal of constitutional difficulties and that Article 106 (1) cannot be evoked.

Labels: Highlight, News