SC asks govt to furnish AG Kandel’s travel records of past nine years

KATHMANDU: The Supreme Court has ordered the Department of Immigration to submit verified records of Attorney General Narayan Datta Kandel’s movements between Nepal and the United Kingdom over nine years.

Hearing separate writ petitions challenging Kandel’s eligibility for the post of Attorney General on Tuesday, a division bench of Justices Binod Sharma and Sunil Kumar Pokharel directed authorities to provide certified copies of Kandel’s travel records from 2015 to 2024. The bench has also asked the defendants to produce a file of decisions appointing Kandel to the position before the court in the next hearing.

Three separate petitions have been filed at the Supreme Court, arguing that Kandel does not meet the qualifications required for the position. The petitioners have argued that Kandel’s appointment violates constitutional provisions, particularly Article 157(3), which states that a person qualified to become a Supreme Court Justice is eligible for appointment as Attorney General.

According to Article 129(5) of the Constitution of Nepal, which outlines the qualifications for the Chief Justice and Supreme Court Justices, any citizen of Nepal who has obtained a bachelor’s degree in law and served as the Chief Judge or a Judge of a High Court for at least five years, or who has obtained a bachelor’s degree in law and constantly practiced law as a senior advocate or advocate for at least 15 years, or who is a distinguished jurist having constantly worked for at least 15 years in the judicial or legal field or who has served in the post of Gazetted First Class or a higher post of the Judicial Service for at least 12 years shall be deemed qualified for appointment as a Supreme Court Justice.

The petitioners have argued in the petition that Kandel has not practiced law continuously, as he has lived most of those nine years in the United Kingdom.

The petitioners have demanded the annulment of Kandel’s appointment by the President and the oath administered by the Chief Justice. They have also sought an interim order preventing him from carrying out duties as Attorney General until the case is finally settled.