Chief Justice’s discretionary power to constitute bench and assign cases curtailed

KATHMANDU: Chief Justice Cholendra Shumsher Rana’s discretionary power to constitute bench and assign cases has been curtailed.

An amendment made to the Supreme Court (SC) Regulations to this effect has become effective, with Supreme Court (Second Amendment) Regulations 2021’s publication in the Nepal Gazette Monday.

There is a legal provision that any government decision will get legitimacy only after it is published in Nepal Gazette.

A meeting of the SC Full Court held on November 18 had amended the SC Regulations to provision for lottery-based assignment of cases to apex court justices. Earlier, the Chief Justice used to assign cases at his discretion.

With today’s publication of the amended rules in Nepal Gazette, the Chief Justice will no more have to use his discretion to constitute bench and assign cases to justices as cases will be assigned through lottery system.

Rule 20 of the amended rules states, “For the hearing of a case registered in a court, a bench shall be constituted and cases shall be scheduled through lottery.”