Contempt of court: Bar to respond to SC on behalf of President Ghimire

Kathmandu, October 25 — A written response is set to be submitted on Sunday regarding the contempt of court case filed against Gopal Krishna Ghimire, the President of the Nepal Bar Association. An advisory committee meeting of the Nepal Bar Association held on Thursday decided to present a written reply to the Supreme Court on behalf of the Bar, as stated by General Secretary Anjita Khanal.

Khanal noted that Ghimire's remarks as Bar President constituted contempt of court, and therefore, a personal written response from him would not be submitted. Instead, a written response will be presented on behalf of the Bar, with legal practitioners from 90 Bar units preparing to register their power of attorney for the debate.

"Members from 90 Bar units across the country have indicated they will register for debate in the Supreme Court," Khanal said. "Additionally, former presidents and senior advocates will also participate, so at least one person is expected to prepare for the debate."

The claim from Bar officials is that the Supreme Court's decision to issue a show-cause order, instead of dismissing the contempt petition outright, has escalated tensions between the Bar and the bench. The Supreme Court had issued a show-cause order against Ghimire on October 17.

A joint bench of Justices Kumar Regmi and Kumar Chudal opted not to dismiss the writ and issued a show-cause order instead.

Following this order from the Supreme Court's joint bench, tensions between the Bar and the bench are still evident. Although the contempt case was initiated during the tenure of former Chief Justice Bishwambhar Prasad Shrestha, expectations were that it would be resolved with the arrival of new Chief Justice Prakashman Singh Raut. It was anticipated that the dispute would end after the Supreme Court's spokesperson Govinda Ghimire announced the withdrawal of the report. However, since the bench decided to keep the matter alive, it appears resolution will only occur after the decision is rendered.

The Supreme Court has ordered Ghimire to clarify his statements within a specified timeframe. Ghimire responded that he would honor the order of the esteemed Supreme Court and provide a reply. The Supreme Court has stipulated that he or his legal representative submit a written response within seven days. The Bar has decided to proceed with a written reply on behalf of the Bar rather than from Ghimire personally.

The contempt petition was filed on October 1 after Ghimire claimed there had been transactions related to the appointment of Supreme Court judges. The Bar has long opposed the judicial council's regulations, and tensions rose following the council's recommendation of two judges for appointment during ongoing protests.