Bam case sent to Parliament

HIMALAYAN NEWS SERVICE

KATHMANDU: The Judicial Council today recommended that the Parliament initiate action against Supreme Court Justice Rana Bahadur Bam.

Justice Bam case was getting complicated with Chief Justice Ram Prasad Shrestha and Law Minister Prem Bahadur Singh taking each other head on.

JC, after finding that he was involved in freeing three abduction accused improperly, took the decision to recommend the Parliament to initiate impeachment proceedings against Justice Bam. Singh, however, took strong exception to the decision.

But the five-member JC unanimously decided to sack Hetauda Appellate Court Judge Tej Bahadur Karki, who was also involved in the same case, on the charge of misusing his discretionary power.

JC meeting took the decision based on the report prepared by senior Justice Balaram KC-led panel, which had recommended action against the three judges saying they were not eligible for judgeship. “We decided to relieve Karki of his duties but have given him a chance to present his explanation before executing the decision,” CJ told mediapersons.

“But in Bam’s case, we have recommended the Parliament to initiate action, as it was the jurisdiction of the Parliament to take action against a Supreme Court justice.”

As per Article 105 of the constitution, a two-third majority is required to impeach an SC justice on four grounds — incompetence, bad conduct, mental or physical incapacity, and misuse of power.

JC, which is led by the chief justice, however, kept silent on another controversial judge, Hari Bahadur Basnet, who shared the bench with Justice Bam while releasing abduction accused from the Patan Appellate Court. CJ Shrestha said no action was taken against Basnet as he had tendered his resignation yesterday.

KC-led panel had indicted Bam, Karki and Basnet for releasing three abduction accused, who were later found involved in Dr Bhaktman Shrestha’s abduction.

Singh, however, claimed Justice Bam would hear cases from tomorrow as no action against him had been recommended to the Parliament.

Earlier today, CJ Shrestha called Justice Bam in his chamber and sought his resignation but Bam refused to put in papers and told the CJ that he would rather face parliamentary investigation.

“I won’t let anyone set a bad precedent,” an SC Justice quoted Bam as saying.