Lawyers representing Indigenous Peoples in Nepal on Monday lodged a writ at Supreme Court (SC) against recommendation made by the decision of Constitutional Council (CC) to appoint the chairman and members of the National Human Rights Commission (NHRC).
On September 19, CC had made the recommendation to government to appoint former Chief Justice Anup Raj Sharma as the chairman and Sudip Pathak, Mohana Ansari, Prakash Wasti and Govinda Sharma Paudel as members of the NHRC. All of them hail from upper caste hill Brahmin.
The petitioners–advocates Bhim Rai, Dinesh Ghale, Santosh Rana Magar and Ramhari Shrestha– filed the writ against the decision of CC. In the writ they have demanded SC to repeal the recommendation and issue mandamus order to CC to reappoint the post on the basis of proportional representation as guaranteed by Interim Constitution of Nepal 2007 and other relevant international legal instruments.
The major defendants in the writ are—Office of the Prime Minister, Ministry of Law, Justice, Constituent Assembly and Parliamentary Affairs, Office of the Constitutional Council, Parliamentary Hearing committee under Parliament-Legislation and NHRC.
CC is the body that makes the recommendations of the officials to the constitutional bodies including NHRC. The Council is composed of 5-member team—Prime Minister as chairperson, the Chief Justice, the speaker of the House of Representatives, the chairman of the National Assembly and the Leader of the Opposition in the House of Representatives are the members.