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Cholendra Shumsher JB Rana

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Cholendra Shumsher Jung Bahadur Rana
चोलेन्द्र शम्शेर
27th Chief Justice of Nepal
Assumed office
2 January 2019
Appointed byPresidential recommendation of constitutional council
Preceded byOm Prakash Mishra
Personal details
Born (1957-12-13) 13 December 1957 (age 67)
Kathmandu Ward no. 32, Kalikasthan
Nationality Nepal
EducationTribhuvan University (LLB)

Cholendra Shumsher JBR (Template:Lang-ne) is a Nepali jurist. He is the 29th Chief Justice of the Supreme Court of Nepal.[1] He has been appointed by President on the recommendation of Constitutional Council of Nepal and oathed by Bidhya Devi Bhandari, President of Nepal on 2 January 2019.[2][3]

Academic qualification

Degree University/Board Year
Bachelor of Laws (LLB)[4] Nepal Law Campus, Tribhuvan University, Nepal 1979

He speaks Nepali (native, spoken and written), English (spoken and written)).[citation needed]

Career

Designation Organization/Institution Tenure Period
Chief Justice Supreme Court of Nepal 2 January 2019 – Present
Justice Supreme Court of Nepal 27 May 2014 – 2 January 2019
Acting Chief Judge Appellate Court Butwal 15 April 2013 – 27 May 2014
Judge Appellate Court Butwal 20 March 2013 – 15 April 2013
Judge Appellate Court Rajbiraj 8 August 2011 – 20 March 2013
Judge Appellate Court Pokhara 26 February 2009 – 8 August 2011
Judge Appellate Court Dipayal 23 September 2008 – 26 February 2009
Member Special Court 26 January 2006 – 23 September 2008
Judge Appellate Court Surkhet 12 April 2005 – 26 January 2006
Additional Judge Various Appellate Court 15 April 1996 – 12 April 2005
Advocate (Legal Practice) - 22 November 1979 – 10 April 1996

Nepal Supreme Court

Controversial Decisions

1. Ranjan Koirala vs. Government of Nepal (Murder of Mrs. Geeta Dhakal)

Ranjan Korala former DIG (Deputy Inspector General) of Armed Police Force (APF) of Nepal was sentenced to life imprisonment with full forfeiture of assets for the Murder of his wife Mrs. Geeta Dhakal by the order of Appellate Court, Patan, and the District Court of Kathmandu on January 22, 2012,

Joint Bench of Justice Tej Bahadur KC and Chief Justice Cholendra Shumsher JBR gave the verdict to slash his lifetime imprisonment to eight and a half years, using unprecedented and esoteric clause of discretion given to Justices by the Section 188 of the Muluki Ain. This is the first time ever in the verdict of supreme court when this clause was used to exonerate a convicted murder sentence. This verdict also granted the release all the properties seized then as the new National Civil Code Act doesn't have a provision of confiscating all the properties if any person was sentenced for lifetime imprisonment.[5] This verdict has been vilified as Miscarriage of justice in crumbling system.[6]

Under pressure of huge public cry and petition from Attorney General of Nepal on June 27, 2020, a three-justice bench decided to review the previous verdict passed by Joint Bench of Justice Tej Bahadur KC and Chief Justice Cholendra Shumsher JBR, citing flaws in the unprecedented use of Section 188 of Muluki Ain

As of July 22, 2021 this case is still pending hearing for review.[7]

  • 29th LAWASIA Conference and Meeting of Chief Justices, Sri Lanka, 2016.
  • Observation Visit of Legal System of Thailand, 2016.
  • Seminar on Case Management and Mediation, Japan, 2015.
  • Conference on Judicial Development for High Level Officials of Nepal, Korea, 2013.

Awards

  • Maha Ujwaol Rastradeep awards from the President of Nepal in 2021[8]

See also

References

  1. ^ "Right Honorable Mr. CHOLENDRA SHUMSHER JBR". supremecourt.gov.np. Retrieved 2 January 2019.
  2. ^ "Cholendra Shumsher JB Rana confirmed as Chief Justice". The Himalayan Times. 1 January 2019. Retrieved 27 January 2019.
  3. ^ "PHC endorses Cholendra Shumsher as next Chief Justice". My Republica. Retrieved 27 January 2019.
  4. ^ "President administers oath to newly appointed Chief Justice Rana". kathmandupost.com. Retrieved 9 September 2019.
  5. ^ "Ex-DIG Koirala sentenced to life, freed in 8.5 years". GorakhaPatra. Retrieved 22 July 2021.
  6. ^ "Miscarriage of justice in crumbling system". CESIF-Nepal. 12 November 2020. Retrieved 22 July 2021.
  7. ^ "रञ्जन कोइराला प्रकरण : 'चित्तमा लाग्दा' साढे ११ वर्ष कैद छुट, 'चित्तमा नलाग्दा' एक वर्षसम्म सुनुवाइ नै भएन". Naya Patrika. Retrieved 22 July 2021.
  8. ^ "राष्ट्रपतिबाट विभिन्न विभूषण, अलङ्कार र पदकको घोषणा | Radio Nepal". Retrieved 26 December 2021.