Justice resigns before swearing in: Report

Kathmandu Feb 12-Senior advocate Bipulendra Prasad Chakrabarty, who was appointed to the post of temporary Justice of the Supreme Court a month ago, has resigned from the post even before being sworn in, a newspaper report said on Sunday quoting a reliable judicial source.

Chakrabarty submitted his resignation through Chief Justice Dilip Kumar Poudel, citing reservations over the appointment process, Kantipur Daily reported.

"We have received his resignation. The judicial council has forwarded it for approval," the paper quoted a source close to Poudel as saying.

Chakrabarty was dissatisfied that former attorney general Pawan Kumar Ojha's name preceded his own for the appointment. Ojha is lower in seniority to Chakrabarty.

On December 28, 2005, the Supreme Court recommended the names of Ojha, then appellate court justices Tahir Ali Ansari and Rajendra Prasad Koirala, and Chakrabarty, in that order, for the posts of temporary Supreme Court justices.

Ansari, Koirala and Chakrabarty had already been recommended before Ojha's name was recommended. Later, Ojha was recommended as fourth in the seniority list. However, the final appointment list placed Ojha as senior most among those appointed. Ansari and Koirala have also expressed dissatisfaction over Ojha's appointment.

In his resignation letter, however, Chakrabarty has not said anything about his dissatisfaction. He has mentioned that he cannot take up the post because of health reasons.