Kathmandu: Rastriya Swatantra Party (RSP), which has decided to initiate impeachment proceedings against some Supreme Court justices, is facing internal uncertainty over how and when to move forward with the process.
Two days after the party’s Secretariat instructed its parliamentary party to initiate the process, the parliamentary party has yet to hold a meeting. There is still uncertainty over whether the meeting will take place before the Tihar festival or whether the party will wait until after Chhath.
Questions about possible collusion within the judiciary and its links with intermediaries emerged after WhatsApp conversations between Supreme Court Justice Hariprasad Phuyal and alleged middleman Inam Sapkota, known as a ‘fixer’, became public.
The controversy intensified after another document made public on Thursday reportedly included the name of Chief Justice Manojkumar Sharma in a record of financial transactions. However, the RSP has yet to clarify which justices it intends to target through impeachment proceedings.
A Secretariat meeting held on Saturday instructed the parliamentary party to initiate the process through Parliament to address the controversy surrounding the judiciary.
Following the meeting, party spokesperson and lawmaker Jagadish Kharel said Parliament was the constitutional channel for restructuring the judicial sector.
“The process should be initiated through Parliament, and the Secretariat meeting has decided to instruct the parliamentary party accordingly,” he said.
However, the parliamentary party has not taken any formal steps despite the Secretariat’s directive.
RSP parliamentary party whip Krantishikha Dhital said she had not received any information about when the meeting would be held.
“I have not received any notice regarding a parliamentary party meeting,” she told Corporate Khabar.
Asked whether a meeting could be held before Tihar, she said she had no information and suggested contacting Deputy Parliamentary Party Leader Ganesh Parajuli.
Parajuli, meanwhile, said the parliamentary party leader would call the meeting in accordance with the party’s directive.
“The party has already issued its instruction. Now, the parliamentary party leader will probably call the meeting. The process will move forward in accordance with constitutional provisions,” he said.
Prime Minister Balendra Shah is the leader of the RSP parliamentary party. However, even two days after the Secretariat’s instruction, he has reportedly held no formal discussions with the deputy leader, whips or chief whip regarding the convening of the meeting.
According to an RSP lawmaker, uncertainty remains over whether the parliamentary party meeting will take place.
“Since the Secretariat has already issued instructions, the parliamentary party should meet. But that has not happened so far. I do not think the parliamentary party leader will call the meeting himself. Previously, the party chairperson used to call parliamentary party meetings,” the lawmaker told Corporate Khabar.
Meanwhile, party chairperson Rabi Lamichhane has been holding internal consultations on how to move forward with the impeachment issue.
He has already consulted Speaker Dol Prasad Aryal, Law Minister Sobhita Gautam and lawmakers with legal backgrounds.
Lamichhane held a nearly four-hour discussion with Prime Minister Shah on Wednesday. On Thursday, he also held discussions with Speaker Aryal, party vice-chair and Finance Minister Dr Swarnim Wagle, vice-chair and Law Minister Sobhita Gautam, General Secretary Bipin Kumar Acharya and other leaders.
Within the RSP, informal discussions are also underway over whether impeachment proceedings should target only the justices facing controversy or include the Chief Justice as well.
Securing the two-thirds majority required to pass an impeachment motion has emerged as another major challenge for the party. Since support from opposition parties would be necessary, party leaders have also discussed the need to bring them on board.
Under Article 101(2) of the Constitution of Nepal, an impeachment motion can be filed against the Chief Justice or a Supreme Court justice on grounds including serious violations of the Constitution or law, misconduct, or failure to fulfil judicial responsibilities.
The motion must be submitted by at least one-third of the total number of members of the House of Representatives. The Constitution also provides for the formation of an Impeachment Recommendation Committee in Parliament to investigate the allegations and make recommendations.
As Parliament is currently not in session, the House would also need to be convened to initiate the impeachment process.
The President summons and ends parliamentary sessions on the recommendation of the government. With Parliament’s schedule coinciding with the Tihar and Chhath holidays, an immediate parliamentary session appears unlikely.
A two-thirds majority, equivalent to at least 183 votes, is required to pass the impeachment motion, according to the figures cited in the parliamentary debate.
The RSP currently holds 181 seats. Even with the support of independent lawmaker and scientist Mahabir Pun, the party would still need the backing of at least one additional lawmaker to reach the required number.
This makes support from opposition parties crucial for the RSP to secure the necessary votes.
Meanwhile, the main opposition Nepali Congress has called a meeting of opposition parties to develop a common position on the impeachment controversy.
A meeting of the Congress Parliamentary Party held at its office in Singha Durbar on Monday morning decided to demand the formation of a high-level parliamentary committee to investigate the alleged links between judges and intermediaries.
The Congress has argued that an investigation conducted by government agencies may not be impartial and has called for a parliamentary investigation instead.
The key question now is whether the RSP will convene its parliamentary party meeting before Tihar and move ahead with the impeachment process or wait until after Chhath, when Parliament may resume its sessions.
FACEBOOK COMMENTS