SC disqualifies Lokman to hold CIAA chief post, repeals appointment

Kalika Khadka / Kathmandu, Jan 8: The Supreme Court (SC) has concluded that the appointment of Chief (now suspended) of the Commission for Investigation of Abuse of Authority (CIAA) Lokman Singh Karki needs annulment.

A full bench comprising SC judges Ishwar Prasad Khatiwada, Dr Ananda Mohan Bhattari and Anil Kumar Sinha, on Sunday, concluded that Karki was disqualified to stay in the post, and repealed his appointment.

“The appointment of Lokman Singh Karki made as per the constitution, the oath taken by him as the CIAA Chief and other works relating to his appointment have been hereby annulled by the certiorari , ” the court says in its verdict.

The SC also issued a mandamus in the name of the defendants in the Karki’s case–Constitutional Council and the Office of the President– to recommend and appoint another candidate eligible as defined by the constitution to the post of the CIAA Chief.

Advocate Om Prakash Aryal had moved the apex court, challenging Karki’s appointment as the CIAA chief. He claimed that Karki did not meet qualifications required for the appointment to the post. Though, the SC in the beginning dismissed the writ against the Karki’s appointment, it later decided to respond to it and started hearing on it since December 23.

Fifteen legal practitioners including senior advocate Surendra Bhandari, Dr Chandra Kant Gyawali, Ramesh Badal, Tikaram Bhattarai, Raju Chapagain, Raman Kumar Karna, Dr Dinesh Tripathi, Baburam Dahal, Jyoti Lamsal Poudel and Kund Devi Maharjan pleaded on behalf of the writ petitioner in the case.

Likewise, senior advocates Badri Bahadur Karki, Balkrishna Neupane, Sushil Pant and Krishna Sapkota and advocates Deependra Jha, Anandamani Lamsal, Baburam Kunwar, Mahadev Yadav, Kumar Regmi and Surendra Mahato argued in favour of Karki.

Likewise, the court has slapped court message (tameldar) Shambhu Bahadur Khatri, ward secretary of the Kathmandu Metropolitan City-10, Sarita Rai, civil service employee Bheshraj Aryal, Sub Inspector of Police Nakulraj Gautam and Karki’s son-in-law Prabal Thapa with a fine of Rs 1,000 each for creating obstruction in serving SC notice at Karki’s residence. RSS