Nepal judiciary faces trust crisis amid lawyer disputes

The relationship between Nepal's judiciary and its lawyers' association has become strained, raising questions about judicial independence. The Nepal Bar Association voiced concerns after Prime Minister Balendra Shah-led Constitutional Council recommended Manoj Sharma as chief justice on May 7, suggesting the move could place the judiciary under executive influence.

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The move, the umbrella body of lawyers across the country said, was intended to place the judiciary under the shadow of the executive.

The Bar's apprehension intensified with Sharma's decision to preside over six writ petitions concerning the Property Investigation Commission. While typically a bench decides its own hearing process, the chief justice intervened, bringing these cases before his own Constitutional Bench. Furthermore, the Bar has criticized the chief justice's choices for the five-member Constitutional Bench, noting a pattern of excluding senior justices like Sapana Pradhan Malla, Kumar Regmi, and Hari Phuyal.

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The Bar has also been vocal about the way the chief justice has been choosing justices for the five-member Constitutional Bench.

These actions, though legally permissible, have fueled a lack of trust, according to the Bar. The article emphasizes that legality alone is insufficient for an institution as vital as the judiciary. Both the Bar and the Bench must consider how their actions impact public confidence. The Bar, as an integral part of the judiciary, is called upon to base its positions on thorough study and legal grounding, while the chief justice must be mindful of the messages his decisions send.

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Actions that are legally permissible can still raise questions about convention, intention and public perception.

The judiciary's strength is crucial for the state, and any attack on it weakens the institution and erodes public trust. The article recalls the significant damage to judicial morale and victims' access to justice during the tenure of former chief justice Cholendra Shumsher Rana, and notes that trust was only beginning to recover before recent events. The current trust deficit between the Bar and the Bench is seen as detrimental to the country's recovery.

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It is therefore imperative that it takes its positions after proper study and evaluation of the consequences, and ensures that they are grounded in law.