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Regmi’s reply to SC; Rules out possibility of stepping down from CJ


KATHMANDU: Despite calls from different political parties and legal professionals to step down from the Chief Justice as he is also holding the top job of the Executive, Chairperson of Interim Election Government Khil Raj Regmi has informed that he will not resign from the post of chief justice.

In his written reply to the Supreme 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, according to media reports.

Acting upon a writ petition filed by Bharat Jungum demanding Regmi’s resignation as the Chief Justice, the SC ordered Regmi to furnish written reply on the issue. 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 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.

For Indian tourists travelling by land:- 72 hours (-ve) C-19 report, CCMC form and Antigen Test at entry point

For Indian tourists travelling by land:- 72 hours (-ve) C-19 report, CCMC form and Antigen Test at entry point

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Information for Indian tourists travelling by land:- 72 hours (-) C-19 report, CCMC form and Antigen Test at entry point
Information for Indian tourists travelling by land:- 72 hours (-) C-19 report, CCMC form and Antigen Test at entry point
Information for Indian tourists travelling by land:- 72 hours (-) C-19 report, CCMC form and Antigen Test at entry point