JC sacks two, warns four judges

KATHMANDU, April 11: The Judicial Council (JC) on Monday sacked two judges and warned four other judges for their misconduct and incompetence.



JC sacked Appellate Court, Pokhara judge Om Prasad Subedi and Appellate Court, Hetauda judge Tej Bahadur Karki while warning judges Binod Prasad Sharma, Arghakhanchi District Court judge Achyut Bista, Pashupati Acharya and Banke District Court judge Sita Prasad Pokharel.



The decision was made by a meeting of the JC, which is responsible for appointing and punishing judges.[break]



An investigation report prepared by Supreme Court Justice Top Bahadur Magar had found them guilty of misconduct and incompetence.



The report states that Subedi repeatedly remained absent from his office without informing his senior and recommended his dismissal on three grounds -- lack of honesty, misconduct and poor performance.



"Subedi not only remained absent from the appellate court time and again but also committed serious mistake in signing the attendance register at the Revenue Tribunal in Pokhara at a time when he was on leave from the appellate court," reads the report, adding, "He was assigned to the revenue tribunal every Tuesday. Facts prove that he was absent from the appellate court but wrongfully signed the attendance at the revenue tribunal. It shows how dishonest he was. It is also proof of how he failed to discharge his duties as required by the law."



A probe committee led by Supreme Court Justice Bal Ram KC had found Judge Karki guilty of a controversial decision to release many-times arrested notorious culprits Rohit Paliwan Agrawal, Bhimsen Pandit and Sanjaya Shrestha on very low bail instead of sending them to jail.



Karki´s controversial decision to release Agrawal, Pandit and Shrestha was disclosed following the abduction of Dr Bhaktaman Shrestha nearly a year ago. Police had found that Agrawal was the mastermind behind Dr Shrestha´s abduction. Agrawal´s accomplices had told police that they bribed the judges in the past to get released on bail and abducted Dr Shrestha to recover the money invested in the bribes.



The public prosecutor had sought three to seven years imprisonment for Agrawal and three others. But Judge Karki, in his capacity as Kathmandu district court judge, released them on low bail. As per the legal provisions, a foreign national has to be sent to jail until the next decision of the court if the public prosecutor has sought imprisonment of more than six months.

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