Contempt case against Nepal Bar President Ghimire set for October 17

Kathmandu, October 14 — A hearing date has been set for October 17 in the contempt of court case filed against Gopal Krishna Ghimire, the president of the Nepal Bar Association. The Supreme Court has initiated this case for the first time against the Bar president through the registrar, creating a dispute between the Bar and the bench.

After the contempt case was filed, the Bar convened a meeting of its advisory committee and publicly declared its support for President Ghimire. Following Ghimire's statement alleging that Chief Justice Bishwambhar Prasad Shrestha appointed judges through transactions at the time of retirement, the registrar of the Supreme Court, Govinda Prasad Ghimire, prepared a report citing that this statement amounted to contempt of court.

On October 1, a full meeting of the Supreme Court discussed Ghimire's statement. On that same day, a contempt case was registered based on his statement.

However, on October 2, Ghimire held a press conference at the Bar and clarified that his statement was directed not at the Chief Justice but against the Chair of the Judicial Council, who is also the Chief Justice himself and responsible for appointing judges. Subsequently, former presidents of the Bar and officers of the Valley Bar decided to stand united against the contempt case filed against Ghimire.

On September 28, during a program organized by the Kathmandu District Court Bar, President Ghimire stated that the Chief Justice had been involved in “transactions” concerning the recommendations for appointing judges. He remarked, “You appointed judges based on transactions; if you can, imprison me. Apply the law.”

Although the first hearing for the contempt case was set for October 2, it did not take place as the court had postponed it. The case was rescheduled for October 17, but it appears that the hearing on that day may also not occur. As it is set as a general date without a hearing, a new hearing date will have to be determined.

Meanwhile, Shrestha retired on October 5 due to age limits, and Prakashman Singh Raut was sworn in as the new Chief Justice on October 6.

In the midst of the controversy, Ghimire questioned the Chairman of the Judicial Council, who recommends judges, rather than the Chief Justice who administers justice, claiming that his remarks were not contemptuous. However, this clarification came too late since the court administration had already registered the contempt petition, prompting him to seek clarification of his statement.

What happens next with the contempt case?

The dispute emerged after former Chief Justice Bishwambhar Prasad Shrestha convened a meeting of the Judicial Council and recommended two judges to the Supreme Court, against which the Bar had been protesting. After Shrestha's retirement on October 5, a new controversy arose. The registrar who prepared the report announced via social media that he would withdraw the report he had submitted.

“The Bar is the voice of the people and a defender of democracy. I inform you that I am withdrawing the report I submitted for contempt against its leadership,” he wrote on Facebook, adding that he would submit a formal application when the court reopened.

He mentioned feeling distressed after the contempt case was filed. “I couldn't sleep since yesterday. I have always fought for democracy. I don’t want to become a pawn for anyone,” he added.

The Supreme Court will reopen on Tuesday. He indicated that he would submit his application as soon as the court opened. The withdrawal application and the registered report will be scheduled for a hearing together. After the application is heard, the bench will have to decide whether to withdraw it or not.

After the general date, the Supreme Court will set a new hearing date the following day. On that day, it is expected that both Ghimire’s report and the Supreme Court’s contempt report will be presented. Accordingly, the first hearing will be held, and a judge's bench will decide how to proceed.

If the single bench decides to advance, it will issue a show cause notice. If it issues a dismissal order, the contempt case will not proceed. If dismissed, the ongoing conflict between the Bar and the bench will cease. Former president of the Nepal Bar Association, Prem Bahadur Khadka, stated that the Bar and judiciary are like two wheels of the same chariot, and instead of arguing, they should collaborate to move forward. He suggested that for an agreement to be reached, the leadership of the Supreme Court should withdraw the filed contempt petition, and the Bar should also promise to cooperate with the court.

According to the Supreme Court administration, while the contempt petition was filed based on the registrar Ghimire's report, it is ultimately a matter for the court to resolve. “The person who raised the issue can submit a withdrawal request. However, the contempt petition cannot be withdrawn solely based on that,” said the Supreme Court administration, “The request must be resolved by the bench.”