Senior justice Malla assumes acting chief justice role amid ongoing leadership row

Senior Justice Sapna Pradhan Malla has taken on the responsibilities of acting chief justice, a move that has sparked considerable speculation within Nepal's legal circles. Her temporary leadership of the Supreme Court coincides with Chief Justice Manoj Kumar Sharma's four-day official visit to India, following an invitation from his Indian counterpart.

“

Following Sharma’s appointment as chief justice, Malla went on a long leave and remained irregular upon her return, notably missing from the constitutional bench where she previously sat as a regular member.

Malla's public send-off of Sharma at Tribhuvan International Airport marked her first visible interaction with him since his controversial appointment as chief justice. This gesture has been interpreted by some as an attempt to mend their working relationship and signal a path forward. The two justices have experienced a notable strain in their professional dynamic, with Malla having taken a long leave and been irregular in her court appearances upon her return.

Historically, the senior-most justice has succeeded the retiring chief justice. However, the Constitutional Council, chaired by Prime Minister Balendra Shah, bypassed Malla and two other senior justices to recommend Sharma, who was fourth in seniority. This decision, supported by some council members but opposed by others, was criticized for breaking judicial conventions and undermining judicial independence.

“

Critics argued this ‘pick-and-choose’ approach broke long-standing judicial conventions and undermined judicial independence.

The dispute intensified when writ petitions challenging Sharma's appointment faced administrative hurdles. Petitioners alleged that court administration deliberately withheld orders to obstruct judicial review. Malla, then serving as acting chief justice, intervened by issuing a directive to register the petitions and schedule a hearing, a move that reportedly led to the temporary unavailability of key administrative staff. Despite this, Sharma's appointment was unanimously endorsed by the Parliamentary Hearing Committee, after which Malla took 20 days of approved leave.

“

Malla issued a three-page order directing the administration to register the petitions by 1 pm that afternoon and schedule a hearing for the following day.