Three Dissatisfied Supreme Court Judges Decide Not to Resign

Acting Chief Justice Sapana Pradhan Malla, Judges Kumar Regmi and Hari Phuyal.

The Constitutional Council has recommended Dr. Manoj Sharma, a Supreme Court judge, as the Chief Justice. Senior Supreme Court justices have agreed to continue working regularly without resigning. With Dr. Sharma’s appointment, Sapana Pradhan Malla and Kumar Regmi will be denied the position of Chief Justice.

April 11, Kathmandu – Last Wednesday, the Constitutional Council recommended Dr. Manoj Sharma, the fourth in seniority among Supreme Court judges, as the Chief Justice. This recommendation, which caused significant stir within the judiciary, prompted immediate discussions among some senior Supreme Court justices. Subsequently, they began attending court sessions from the following day and have remained silent on the recommendation since.

“There is near consensus that no judge dissatisfied with the recent recommendation will resign,” said one Supreme Court justice. “No senior judge outranking Dr. Sharma has indicated any intention to resign.” According to sources, the discussions among these judges concluded with agreement to continue working regularly with high morale and without submitting resignations.

Acting Chief Justice Sapana Pradhan Malla, along with Judges Kumar Regmi and Hari Phuyal, have also decided not to resign but to continue their duties regularly. They argue that resigning now would amount to accepting allegations against them, as the Constitutional Council’s recommendation violates past precedents and traditions.

“There is also the psychological factor of why they should allow the demands of others to be fulfilled by resigning,” the source added. “Resigning would facilitate those seeking to remove them from office, which they are reluctant to allow.” Meanwhile, if Dr. Manoj Sharma’s recommendation is approved by the parliamentary hearing committee, he will serve as Chief Justice for six years. Consequently, acting Chief Justice Sapana Pradhan Malla and Kumar Regmi will be excluded from becoming Chief Justice. However, Judge Hari Phuyal, with reduced chances for judicial leadership, is next in line for Chief Justice recommendation based on seniority. A Supreme Court insider stated, “Their terms have several years remaining, so there is currently no urgency for them to resign.”