KATHMANDU, May 8: Advocate Dr Premraj Silwal has filed a petition at the Supreme Court (SC) challenging the process of recommending a new Chief Justice.
His move comes after the Constitutional Council (CC) on Thursday recommended a fourth-ranked justice, Dr Mohan Sharma, for the position of CJ, a decision that has sparked legal controversy.
Silwal argues that the recommendation process is fundamentally flawed and violates principles of judicial independence, constitutional norms, and democratic values. He has requested the court to annul the decision.
SC quashes writ petition filed by DIG Silwal
He said that despite changes in political systems over time, Nepal has traditionally followed the practice of appointing justices based on seniority, and claimed that the current recommendation disregards that convention.
Citing constitutional provisions on an independent judiciary as well as international legal standards, Silwal said the recommendation undermines the spirit of judicial independence and goes against established norms.
He further told Republica that such levels of interference in the judiciary had not been seen even after multiple political transitions, and described the current situation as unprecedented.
According to him, the appointment of the CJ should strictly follow seniority and remain free from executive influence.
