International Rights Groups Express Grave Concern Over Nepal's Judiciary

Kathmandu. Amnesty International, Human Rights Watch, and the International Commission of Jurists (ICJ) have expressed serious concern over the recent actions taken by the Government of Nepal that threaten the independence of the judiciary.

These organizations believe that the government has increased its political dominance by amending the Constitutional Council Act through an ordinance, instead of amending it through parliamentary procedure. They have also received reports that political pressure is being exerted to change the structure of the Supreme Court by forcing incumbent judges to resign or by impeaching them.

These organizations state that the amendment to the Constitutional Council Act will further increase the risk of undue political influence in judicial appointments and weaken international standards related to the rule of law.

Speaking about the state of the judiciary, Ian Seiderman, Senior Legal and Policy Director at ICJ, said, 'The independence of the judiciary is a cornerstone of the rule of law and an indispensable safeguard for the protection of human rights.'

He added, 'Any reform of Nepal's judicial system should strengthen the independence, impartiality, and integrity of the courts – not weaken them.'

These organizations have expressed concern over the appointment of Dr. Manoj Kumar Sharma as Chief Justice, contrary to the long-standing practice of appointing the seniormost judge as Chief Justice while three senior judges remain in office.

Similarly, credible reports have been received that three Supreme Court judges, Sapana Pradhan Malla, Kumar Regmi, and Hari Phuyal, were pressured to resign and threatened with impeachment if they refused, the statement said. They stated that the use or threat of impeachment without fulfilling the constitutional basis also poses a risk of attempting to influence the outcome of pending cases.

Regarding judicial appointments and dismissals, Meenakshi Ganguly, Deputy Asia Director at Human Rights Watch, said, 'Public trust in the judiciary depends not only on the competence and integrity of judges but also on the transparency, impartiality, and independence of judicial appointments.'

She stated that appointments or dismissals that appear to have political influence weaken the rule of law.

Similarly, Isabel Lasse, Deputy South Asia Director at Amnesty International, said, 'The goal of judicial reform should not be to create institutions that are more at risk of political pressure, but to build stronger, independent institutions that enjoy public trust.'

These organizations have urged the Government of Nepal not to pressure judges to resign and not to proceed with impeachment without clear constitutional grounds and due process.

Furthermore, they have demanded that the Government of Nepal adopt a transparent and merit-based process for appointments to judicial positions, review the amendments to the Constitutional Council Act through an open parliamentary process, and ensure that future reforms strengthen the independence, transparency, and accountability of the judiciary.