Kathmandu, Nepal, August 4, 2019: The Judicial Council (JC) has formed two separate panels to investigate three judges at Pokhara High Court and a judge at Kathmandu District Court. A meeting of the CJ on Monday formed two panels to investigate the allegedly erred verdicts from the judges of the two separate courts.
According to the CJ, the panel headed by Supreme Court Justice Sapana Pradhan Malla is mandated to investigate Pokhara High Court Judges Jeevan Hari Adhikari, Nara Bahadur Shahi and Ramchandra Raya over the orders they issued in relation to a tax evasion case concerning Gorkha Brewery. Likewise, another panel led by Justice Tej Bahadur KC is formed mandating it to investigate the role of Kathmandu District Court Judge Arjun Koirala.
The CJ has formed the panel on the basis of the order of the Supreme Court (SC). A single bench of Chief Justice Cholendra Rana had on July 24 ordered the JC to take action against the high court judges for issuing orders going beyond their jurisdiction. Likewise, the bench of the Chief Justice had also stayed an interim order issued by the judges.
It is alleged that Pokhara High Court Judges had made unduly order favoring to the Gorkha Brewery over the imposition of excise duty by the Inland Revenue Office in Bharatpur. Filing the case at the Pokhara High Court is taken suspiciously.
As the firm falls under Province 3, the case should have registered at Patan High Court or its Hetauda bench but not at the Pokhara High Court.
Pokhara High Court Judge Yadav had first issued an interim order which was later upheld by a division bench of Judges Adhikari and Shahi.
Bharatpur Inland Revenue Office had filed a writ at the at the apex court challenging to the Pokhara High Court order.
Likewise, Kathmandu District Court Judge Arjun Koirala faces investigation for an allegedly erroneous judgment while he was at Lalitpur District Court.