Supreme Court rift deepens as officials snub acting Chief Justice Malla’s order

A significant crisis is unfolding within Nepal's highest judicial body, the Supreme Court, as highlighted by recent events reported by the Kathmandu Post. The court administration's refusal to comply with acting Chief Justice Sapana Pradhan Malla's order to register a writ petition challenging the recommendation of Justice Manoj Kumar Sharma for the chief justice position has exposed a deep rift. This defiance is particularly concerning as it bypasses established procedures and undermines the authority of the acting chief justice.

The crux of the matter lies in the Constitutional Council's decision to recommend Justice Sharma, who is fourth in seniority, for the top judicial post. This move deviates from the long-standing tradition of appointing the senior-most judge, raising questions about the integrity of the selection process. The subsequent refusal by the court administration to even register a petition challenging this recommendation, despite clear directives from the acting chief justice and provisions within the Supreme Court Regulations, suggests a deliberate obstruction.

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Any person dissatisfied with an order of the chief registrar or registrar may file an application before the bench within seven days.

This internal discord is not merely a procedural dispute; it strikes at the heart of judicial independence and public trust in our legal system. The fact that the administration reportedly acted on instructions from the very judge recommended for chief justice, as stated by the acting chief justice, is deeply troubling. Such actions create an environment where impartiality is questioned and the rule of law appears vulnerable. The Kathmandu Post emphasizes that maintaining the dignity and impartiality of the judiciary requires adherence to established norms and transparent processes, which seem to be under severe strain.

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the chief registrar had informed judges that the petition had not been registered following instructions from Sharma, the judge recommended for chief justice.