Nepal’s Supreme Court is set to resume its works from Wednesday after a prolonged crisis-- after allegations involving the dealings with the government surfaced against Chief Justice Cholendra Sumsher Rana--as judges reached a compromise that stripped Justice Rana of its prerogative to assign cases. However, the top judge successfully resisted the lawyers’ demand for his resignation.  

The crisis erupted last month after Justice Rana was accused of demanding “his share” of power in the government led by Prime Minister Sher Bahadur Deuba. Interestingly, the Deuba government came to power after a judgment by the apex court in July. 

A full court meeting of 18 justices sans chief justice on 25 November had decided to adopt the lottery system beginning Wednesday. The new system, effective from Wednesday, would reduce the administrative power of the incumbent chief justice. 

“The chief justice will not assign cases anymore, however, he can participate in picking the lots,” Baburam Dahal, the spokesperson for the Supreme Court, was quoted as saying by The Kathmandu Post. “Whether he wants to participate is up to him to decide,” he added. 

The Nepal Bar Association--one of the organizations which fiercely demanded Rana’s resignation--and the Supreme Court Bar too will participate in pleading the cases in the benches other than the ones that have Rana’s presence. 

Bar associations in the country had long been avoiding work, seeking the exit of Justice Rana. 

“Our protest is against Rana and we have no problem with other justices. We will return to work from Wednesday as Rana will no longer be assigning cases,” Lila Mani Poudel, general secretary of the Nepal Bar Association, told the Post. “We, however, will boycott Rana’s bench, and our protest to demand his resignation will continue.”

Justice Rana is currently on leave as he had recently tested positive for the Covid-19.

Significantly, political parties--who have the mandate to remove the chief justice through a resolution in parliament requiring the consent of two-thirds of its members--maintained a steady silence on the crisis. 

Nepal Bar Association had also expressed its displeasure over the passive response from political parties. 

(SAM)