Kathmandu. Kulman Ghising, who took to the streets after being dismissed by the government, has also reached the Supreme Court. Kulman has sought refuge in the Supreme Court after being dismissed by the government with only a few months left to complete his 8-year term.
The writ filed by the current and former Executive Directors of Nepal Electricity Authority has been scheduled for hearing in the same bench of the Supreme Court. The hearing has been scheduled by drawing lots in the bench of Justice Abdul Aziz Musalman.
The case of Kulman Ghising, the recently dismissed Executive Director, has been scheduled for hearing under case number B (two). A hearing has been scheduled on the petition of current Executive Director N (5) No. Hitendradev Shakya.
On Thursday, a writ petition was filed in the Supreme Court by both the dismissed Executive Director Ghising and the newly appointed Shakya. The writ, filed by Kulman late on Wednesday, claiming that he had been wronged, was registered by the Supreme Court only on Thursday. Hitendradev Shakya also reached the Supreme Court soon after Kulman reached the Supreme Court. Shakya has claimed that he was unfairly removed from his post 4 years ago and that he did not get justice even when he came to court and that he should be given the service facilities for that period.
How will the case of Kulman and Hitendra proceed
This case filed by the current Executive Director Kulman is the first, while the writ filed by Executive Director Hitendra is the second. Both cases have been scheduled for hearing in a single judge’s bench on Friday. Both cases have been scheduled for separate hearings. Since the bench will be hearing the case first, there will be separate arguments.
If the government side wants, there can also be an intervention argument. There is a judicial practice that allows the government side to file an application for intervention argument if it feels that its presence is necessary in the first hearing. Under this practice, if the government side also gets involved, both these cases can be heard together since they are of the same subject and area. If the bench feels that separate hearings are required, it will hear them separately. The issue of how to conduct the hearing has now come within the bench’s jurisdiction.
Today, there will be a debate in the Supreme Court on whether to issue a show cause order and an interim order. The Supreme Court will take a decision on the interim order after hearing the arguments of legal practitioners including the writ petitioner. If the Supreme Court finds that the immediate evidence obtained requires a stay on the implementation of the decision to remove Ghising from office, it will issue an interim order, interim interim order, or short-term interim order.
If any of these interim orders are issued, Ghising will be reinstated in office for some time. However, since Hitendradev Shakya, who was appointed by the government, has already taken the oath and assumed responsibility, an interim order is likely to be issued. If the Supreme Court does not issue an interim order, it will issue a show-cause order and call all parties for discussion. The Supreme Court will also seek a written response. If the Supreme Court issues a show cause order, the chapter on returning to the authority will be closed until the decision is made.
Case pending for 4 years
The Supreme Court is likely to keep the case filed by Hitendradev Shakya, which has been pending since 2078 BS, together on Friday. Since Shakya has also filed a petition, it seems that the Supreme Court can deliver justice to all parties at once by keeping the 4-year-old case and the two new cases together.
Ghising was removed from Shakya and became the executive director 4 years ago. Shakya returned to the authority this time by removing the current executive director Ghising from his post on Tuesday. This is why all these cases are interrelated.
The Cabinet meeting on 24th Shrawan 2078 had decided to appoint Ghising as the Executive Director of the Authority. Three days later, on 27th Shrawan, Ghising replaced Shakya as soon as he received the appointment letter. Shakya had reached the Supreme Court demanding the annulment of the appointment of Ghising, who had been appointed after removing him at that time. He continued to pursue the Supreme Court till the end. He had been pursuing the case till the end of Magh, hoping that the case would be decided. After that, he had been hoping that he would not get justice from the court. But Monday’s Cabinet meeting gave him a sudden surprise. Shakya himself was surprised when the Council of Ministers suddenly appointed him.
He has also urged not to follow the rumors that there will be load shedding after his arrival at the NEA. He claimed that he will work to make the NEA more transparent and organized and not allow any complaints from the public.
What is the status of the old case?
The writ filed by Shakya, the then Executive Director of the NEA, against Kulman Ghising is pending in the Supreme Court. Shakya, the former Executive Director of the NEA, who started running for the Supreme Court since 2078 BS, was compulsorily retired at the end of Magh. He did not even get to hear the verdict on whether the decision to remove him was legal or illegal. Shakya had also tried to get a speedy hearing by filing a petition for priority at the last minute. Before Shakya retired, there was a presentation in the Supreme Court on Magh 21. The case was adjourned as the bench of Justices Kumar Regmi and Tek Prasad Dhungana was unable to hear the case, thus closing the chapter on Shakya’s return to the authority.
However, the dispute over whether Kulman’s second appointment was constitutional or unconstitutional remains. The next hearing on this case has been scheduled for Asad 10, 2081. The Cabinet meeting on Shrawan 24, 2078 had decided to appoint Ghising as the Executive Director of the Authority. Three days later, on Shrawan 27, Ghising assumed office on the same day after receiving the appointment letter. The four-year term of office on the day of his assumption of office was until Shrawan 27, 2082. Now, the Supreme Court will hear the case a month before Ghising retires. In this case, the appointment decision in 2078 BS and the removal decision in 2082 BS will be subject to judicial review at the same time.
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