SC opposes the decision of PAC on impeachment

November 3, 2006
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The Supreme Court (SC) justices attending a full court meeting of Court on Friday opposed the recommendation of the Parliamentary Account Committee (PAC) to the House of Representatives to begin process for impeachment of SC judges involved in the verdict relating to the Mahalaxmi Sugar Mills.

The apex court concluded that the decision of the PAC is beyond the jurisdiction of the committee, adding, “It will ultimately affect the independence of the judiciary.”

Stating that the decision of the Court to de-list Mahalaxmi sugar mill and one of its directors Binod Chaudhari from the black list was wrong and it had affected recovery of bad loans, the PAC had decided to recommend for impeachment of justices involved in the decision.

During a full body meeting, headed by the Chief Justice, to discuss the PAC decision, the SC Justices concluded that the parliament cannot review the apex court’s decisions.

Emerging from the meeting Justice Anup Raj Sharma said reviewing the Supreme Court’s decision was beyond the authority of the parliament.

The apex court has also decided to write to Speaker of the House of Representatives to clarify the PAC’s decision.

The Parliamentary Account committee led by MP Chitra Bahadur KC, after studying the verdict, had on Sunday recommended the House to impeach the justices involved in the verdict saying that the verdict in the case was influenced and the justices involved were incapable of working as the SC judges.