Supreme Court Staff Under Stress Amidst Conflicting Orders on Chief Justice Appointment

Kathmandu. The Supreme Court staff have appeared stressed due to the tussle between Acting Chief Justice Sapana Pradhan Malla and proposed Chief Justice Dr. Manoj Kumar Sharma, and the conflicting directives from both sides.

Supreme Court staff were in a dilemma about whether to register the review petition related to the Chief Justice recommendation, due to pressure. Proposed Chief Justice Sharma had given a directive to hold the registration of the writ petition filed against him, and on the other hand, Acting Chief Justice Sapana Pradhan Malla's interest put the staff under pressure.

After the Constitutional Council recommended Dr. Manoj Kumar Sharma as the proposed Chief Justice for the Supreme Court, three writ petitions, including one by senior advocate Dinesh Tripathi, were filed against the decision. For four days, there was confusion about whether to register the writ or to review it. After the Supreme Court administration reviewed it on May 25, senior advocate Dinesh Tripathi, advocate Dr. Premraj Silwal, and advocate Geeta Thapa filed petitions against the review.

For a week, the Supreme Court administration could not register the petition filed against the review, despite repeated requests from the writ petitioners for registration.

For a week, the staff remained confused about what to do with the petition.

When the petition against the review was not registered even by the last day of the call for complaints in the parliamentary hearing committee against the proposed Chief Justice Sharma, Acting Chief Justice Sapana Malla Pradhan met with the writ petitioners on Monday. Article 136 of the Constitution, Section 35 of the Judicial Administration Act, 2073, and Rule 7 of the Supreme Court Regulations, 2074, vest the ultimate responsibility of judicial administration in the Chief Justice. Based on that legal provision, after meeting with the writ petitioners, she issued an order from the same place to the Chief Registrar, Registrar, and Chief of Administration of the Supreme Court to register the petition against the review. This caused a stir in the judiciary. The staff were in doubt whether to obey the order of the Acting Chief Justice or not. Meanwhile, with the proposed Chief Justice expected to be approved by the parliamentary hearing within a few days and become the Chief Justice of the Supreme Court, the staff did not dare to register the writ. The Chief Registrar Bimal Poudel, Registrar, and Supreme Court administration staff who came to be present in the morning left, citing busyness.

Unable to bear the pressure, the Chief Registrar left the Supreme Court citing an urgent meeting, while the Registrars also left citing a meeting.

Regarding what to do to register the writ, the Supreme Court staff had asked the Chief Registrar immediately after the Acting Chief Justice's order came. 'The Acting Chief Justice gave a written order to register the writ petitions, what should we do now?' When asked to the Chief Registrar, he replied, 'It is not possible now.' So how can we register? Do we have to go anywhere above this?' said the employee to Ratopati. 'After being told that the petition would not be registered based on what the Acting Chief Justice said, we just sat. The Acting Chief Justice's secretariat was interested throughout the day about what progress was made. We replied that there was no order from above and nothing has happened.'

When asked the employee what would happen now that the petition was not registered today, he informed that it would be known in a day or two.

Chief Registrar and Registrar Not in Office When Nepal Bar Team Arrived

The Nepal Bar team initially sought to meet Chief Registrar Poudel to understand the current situation at the Supreme Court. When the Chief Registrar was not found in his office, the Bar team met with Acting Chief Justice Malla and returned. According to a member of the Bar met in the Supreme Court premises, after receiving information that the Chief Registrar was at the Prime Minister's Office, Singhdarbar, they met with the Acting Chief Justice and returned.

Nepal Bar General Secretary Kedar Koirala said, 'When we could not meet the Chief Registrar to draw his attention, we met the Acting Chief Justice and then we held a meeting of the Bar officials.'

The Bar has announced protest programs regarding the non-implementation of the order and non-registration of the petition. The Bar has scheduled a protest program by lighting lanterns at 1:15 PM on Tuesday. It has also announced protest programs for the coming days through a press release.