Dr. Manoj Kumar Sharma Appointed 33rd Chief Justice of Supreme Court

Kathmandu. Dr. Manoj Kumar Sharma, who entered the Supreme Court from a legal professional background, has arrived to assume the office of the 33rd Chief Justice of the Supreme Court.

Sharma was recommended for the post of Chief Justice of the Supreme Court by the Constitutional Council meeting on last Baishakh 24. With Sharma being approved by the parliamentary hearing committee and appointed as the Chief Justice, he will complete a full six-year term in the Supreme Court. Sharma will lead the Supreme Court until Jestha 2089.

Sharma was born on Asar 4, 2027, in Birgunj, Parsa. Sharma completed his law degree from Nepal Law Campus under Tribhuvan University and his master's degree in law from Pune University in India.

In the past, the Constitutional Council used to recommend the Chief Justice of the Supreme Court based on seniority. This time, the Constitutional Council meeting recommended Dr. Sharma's name for the Chief Justice, bypassing the seniority order. 

Article 129 of the Constitution specifies the qualifications for the Chief Justice, stating that a person who has worked as a judge of the Supreme Court for at least three years is eligible for appointment as Chief Justice. There is no constitutional compulsion to appoint the senior-most judge as Chief Justice.

Sharma will be the Chief Justice, and during his tenure, 11 judges of the Supreme Court will retire.

Sharma, from a legal professional background, had served as a legal advisor to various companies and organizations. He served as an additional judge of the High Court from Jestha 27, 2070, to Mansir 26, 2072. Throughout his career, he participated in national and international conferences in Nepal and abroad.

Sharma will be the Chief Justice, and during his tenure, 11 judges of the Supreme Court will retire. During his tenure, Sapana Pradhan Malla, Kumar Regmi, Binod Sharma, Abdul Aziz Musalman, Mahesh Sharma Paudel, Nityananda Pandey, Shanti Singh Thapa, Sharanga Subedi, Meghraj Pokharel, and Shrikant Paudel will have retired. Even when Sharma retires as Chief Justice, Judge Hari Prasad Phuyal will have 3 years remaining in his term.

Allegations of Transaction

In the past, it was alleged that when former Chief Justice Damodar Sharma was Chief Justice, an agreement was made to bring Cholemdra to the Supreme Court to become Chief Justice, and later Cholemdra would bring Dr. Manoj Kumar Sharma to the Supreme Court as a judge.

When recommending a judge for the Supreme Court, then Chief Justice Rana opened the way for Hari Prasad Phuyal to become Chief Justice only on the condition that he would recommend Dr. Manoj Kumar Sharma as a judge of the Supreme Court during the Judicial Council meeting.

As rumored, Cholemdra later appointed Sharma as a judge of the Supreme Court. Thus, Sharma, who was dismissed from the then Appellate Court, became a judge of the Supreme Court and was recommended as the future Chief Justice.

Currently, more than 22,000 cases are pending in the Supreme Court. Even though hearing has started for cases ranging from five to eight years by forming a campaign unit, they have not been effectively resolved.

Chief Justice Sharma is the nephew of former Chief Justice Damodar Sharma. When Damodar was Chief Justice, the appointment of Manoj Kumar as an additional judge of the Appellate Court had caused considerable controversy at that time.

After the promulgation of the constitution in 2072, the post of additional judge was automatically abolished, and Sharma's judgeship was also lost. After returning to the legal profession, Sharma was accused of being brought to the Supreme Court through a 'transaction' between then Chief Justice Damodar Prasad Sharma and then Judge Cholendra Shumsher Rana.

The Supreme Court got a new Chief Justice after the Genji movement on Bhadra 23 and 24. Sharma faces the challenge of removing the anomalies seen in the judiciary in the current changed context. With the recommendation for Chief Justice, Sharma faces the challenge of creating an environment of cordial work with the judges who are currently based on seniority.

Currently, more than 22,000 cases are pending in the Supreme Court. Even though hearing has started for cases ranging from five to eight years by forming a campaign unit, they have not been effectively resolved. After becoming Chief Justice, he has the challenge of reducing this as well during his full term.

Similarly, he must be able to neutralize the petty bribes and the influence of big middlemen in the court. He faces the challenge of improving the rate of case disposal by taking colleagues into confidence, along with delays in hearing cases, and delivering justice without controversy.

The work of controlling corruption is not easy. Every Chief Justice who has come before has expressed commitment to controlling middlemen and preventing corruption in the judiciary. However, their commitments have not been fulfilled.

The occasional clashes between the Nepal Bar Association and the bench (judges) hinder the administration of justice. Addressing the protests and opposition by the Bar in recent years regarding the amendment of the Judicial Council rules and judicial appointments is the responsibility of the newly appointed Chief Justice.

The court makes judgments, but the implementation of those judgments is very weak. Billions of rupees in fines are yet to be collected, and thousands of years of imprisonment are yet to be served. Activating the Judgment Implementation Directorate and increasing the effectiveness of judgments is a big challenge.