Constitutional Expert Bipin Adhikari: Supreme Court Dispute Unhealthy for Rule of Law

Kathmandu. Constitutional expert Bipin Adhikari has stated that the dispute currently escalating within the Supreme Court is not a healthy sign for the rule of law. 

Sharing a post on social media, he expressed serious concern about the current disputes and events within the judiciary. 

According to him, the main dispute is related to the breaking of the seniority tradition in the recommendation of the Chief Justice. He mentioned that whether there is a question of constitutionality in this, or whether the violated seniority is suicidal for the independence or impartiality of the Supreme Court, is a matter of constitutional-institutional debate. 

However, Adhikari clarified that not allowing writs against it to be registered in the court or keeping applications against rejection 'on hold' is an even more serious question related to access to justice. His argument is that the administrative level of the court cannot narrow the path of judicial review. 

Although the administration can reject applications, since rejection itself is not a final judicial decision, the process of being able to go to the judge against it must always remain open, he emphasized. He further commented that if it is true that applications were not accepted at the instruction of the proposed Chief Justice, then it is an extremely unhealthy situation. 

Constitutional expert Adhikari expressed the view that rejection should not become a tool to obstruct access to justice. Stating that it is wrong for this dispute to spread as an institutional crisis within the court, he recalled that in Nepal, there has not been a situation before where the acting Chief Justice had to give written instructions for normal work and actions that the administration has been doing and causing to be done in a natural and simple manner. 

He stated that the acting Chief Justice's comments on Law Day can be understood as transforming the struggle of the Nepal Bar and the legal sector into an internal matter of the court. Adhikari said that any act that appears to be administrative obstruction or power struggle within the court will cause great damage to both the dignity and public trust of the Supreme Court. 

He pointed out that to protect the dignity of the judiciary, it is now the main necessity to resolve any disagreement through institutional, restrained, and dignified processes.