Kathmandu, September 27: Former Chief Justice Cholendra Shumsher Rana was arrested from his residence in Kathmandu on Saturday night.
The development comes shortly after the Supreme Court dismissed writ petitions challenging the decision concerning Rana’s impeachment proceedings, clearing the way for him to receive pension benefits and other retirement facilities.
Supreme Court Dismisses Writ Petitions
On September 9, the Supreme Court’s Constitutional Bench dismissed writ petitions challenging a letter issued by then Federal Parliament Secretary-General Bharat Raj Gautam concerning the status of Rana’s suspension.
The bench was led by Chief Justice Dr Manoj Kumar Sharma and included Justices Sapana Pradhan Malla, Kumar Regmi, Saranga Subedi and Binod Sharma.
The decision removed the legal obstacle that had prevented Rana from receiving his pension and other retirement benefits.
Rana had retired while remaining suspended following the impeachment motion filed against him. The Supreme Court’s earlier interim order had prevented the implementation of the parliamentary secretary-general’s letter concerning the lifting of his suspension.
Background of the Impeachment Proceedings
Rana faced an impeachment motion registered in the House of Representatives on February 13, 2022, accusing him of misconduct in the discharge of his judicial responsibilities.
The impeachment process remained inconclusive during the parliamentary term. Following the dissolution of the House, then Federal Parliament Secretary-General Bharat Raj Gautam issued a letter stating that the impeachment motion had become inactive and that Rana’s suspension should be lifted.
The Nepal Bar Association and Supreme Court Bar Association challenged the letter through writ petitions, arguing that the impeachment proceedings remained legally valid and should be completed.
The Supreme Court subsequently issued an interim order preventing the implementation of the letter, leaving Rana’s suspension and retirement benefits unresolved.
The Constitutional Bench eventually dismissed the petitions, bringing the dispute over the continuation of the impeachment proceedings to a legal conclusion.
Pension and Retirement Benefits
Rana had been unable to receive his pension and other retirement facilities because of the legal dispute surrounding his suspension.
The Supreme Court’s September ruling cleared the way for the relevant authorities to proceed with his retirement benefits.
However, the ruling concerning the impeachment proceedings and the reported arrest are separate matters. No verified information currently establishes whether the reported detention is connected to the earlier impeachment controversy or another legal investigation.
The circumstances surrounding Rana’s reported arrest remain unclear.
