Nepal Bar Association Rejects Chief Justice’s Intervention in Non-Courtroom Matters

The Nepal Bar Association has strongly opposed the Supreme Court’s decision to transfer cases related to the Assets Investigation Commission to the Constitutional Bench. Bar President Dr. Vijay Prasad Mishra accused the Chief Justice of making an administrative decision that contradicts judicial principles and established traditions. The Bar concluded that shifting matters meant to conclude in court sessions through administrative interference poses a challenge to the independence of the judiciary.

Following the Supreme Court’s announcement to bring cases against the Assets Investigation Commission before the Constitutional Bench, the umbrella organization of legal professionals immediately launched protests. The Bar expressed surprise at the Chief Justice’s remark that issues of national importance are being placed before the Constitutional Bench, considering that traditionally cases are discussed on the day they are filed before the court session.

The Bar rejected the Chief Justice’s decision as contrary to the judiciary’s well-established norms. Bar President Dr. Vijay Prasad Mishra stated, “Subjects that require open session discussion cannot be advanced by court administration, nor is it the authority of court administration.” Furthermore, the Chief Justice remarked that it is inappropriate to review facts and evidence of cases not yet submitted to a court session or to secretly request and examine files, a practice he deemed misguided.