KATHMANDU: Acting Chief Justice Sapana Pradhan Malla has ordered the immediate registration of writ petitions related to the proposed chief justice appointment process, expressing serious dissatisfaction over the Supreme Court administration’s refusal to register them.
In an order issued at 11 am on Monday, Malla accused the court administration of obstructing the judicial process and described the delay as an obstruction of justice.
The order states that writ petitions sought to be filed under Article 133 of the Constitution by senior advocate Dinesh Tripathi, advocate Prem Raj Silwal and others had been intentionally delayed by the Supreme Court administration.
The order also mentions that even a petition filed by advocate Geeta Thapa against the administrative rejection of the writ had not been registered, despite written complaints and grievances being submitted.
According to the order, oral complaints had earlier been raised regarding the matter, while the Nepal Bar Association had also issued a press statement on May 13 objecting to the court administration’s failure to register the petitions.
The order further states that petitioners and legal professionals had personally drawn the attention of the acting chief justice to the issue.
Malla said the Constitution clearly defines the judiciary as the final authority for the exercise of judicial power and stressed that courts have a duty to register petitions and advance judicial proceedings in accordance with the law.
“Every individual or institution has a birthright to knock on the doors of the court,” the order states.
The acting chief justice also questioned why the petitions had been kept on hold and why matters meant to be presented before the bench had been blocked.
The order accuses the chief registrar, registrar handling cases and the writ branch of delaying the petitions and obstructing the judicial process itself.
Malla further stated that during consultations with the chief registrar, she was informed that the petitions had not been registered “under instructions from the justice recommended for chief justice,” referring to Dr. Manoj Kumar Sharma.
However, citing Article 136 of the Constitution, Malla said the final responsibility for judicial administration rests with the chief justice, making intervention necessary in such circumstances.
The order notes that Rule 8 of the Supreme Court Rules, 2074 grants the chief registrar authority to register or reject writ petitions, adding that holding back petitions contrary to legal procedure undermines the impartiality, integrity and independence of the judiciary.
Invoking powers under the Constitution, the Judicial Administration Act, 2073 and the Supreme Court Rules, Malla directed the chief registrar to register all writ petitions and applications against the administrative rejection by 1 pm on Monday and place them on the next day’s hearing list. She also instructed the administration to report the progress to her office.
The order has triggered fresh debate over administrative interference inside the Supreme Court, judicial independence and the ongoing chief justice appointment process.
Meanwhile, the Rastriya Swatantra Party objected in Parliament to Malla’s order to register the petitions.
Speaking during Monday’s House of Representatives meeting, RSP lawmaker Yagya Mani Neupane claimed the move was against established judicial and administrative norms.
The controversy deepened further after Supreme Court employees reportedly left their offices following the order to register the petitions. Most administrative branches were seen empty on Monday, while legal professionals prepared protests against the employees’ conduct.
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