With Manojkumar Sharma’s Assumption as Chief Justice, Sushma Pradhan Malla on Leave: Nepal Bar Association Responds

Following the Constitutional Council’s recommendation, Chief Justice Manojkumar Sharma presided over his first hearing on Wednesday. He sat alongside Justice Srikant Paudel in a joint bench, while the incumbent Chief Justice Sushma Pradhan Malla is currently on leave. “She (senior-most Justice Sushma Pradhan Malla) is on leave until Jestha 20, which marks a 10-working-day period starting today,” informed Supreme Court Assistant Spokesperson Nirajan Pandey, “Regular court proceedings are ongoing today.”

The Constitutional Council recommended Justice Sharma as Chief Justice, bypassing the three senior-most justices; Sharma was fourth in seniority. Alongside him, Kumar Regmi and Hari Phuyal, who were both appointed as Supreme Court judges on 7th Baishakh 2076 (20 April 2019), also presided over a joint bench hearing on Wednesday despite their appointment on the same day.

Amid speculation surrounding a potential resignation, Justice Regmi welcomed newly appointed Chief Justice Sharma inside the Supreme Court, while Justice Pradhan Malla has remained silent. The tradition of appointing the senior-most judge as Chief Justice was broken, drawing criticism toward the Constitutional Council and prompting widespread discussion. Opposition to the decision was also indicated by the Parliamentary Party Leader of Nepali Congress, Bhishmaraj Andembye, and National Assembly Chairperson Narayan Dahal.

However, the Parliamentary Hearing Committee unanimously approved Sharma’s name for Chief Justice. A controversy arose following a speech by Sushma Pradhan Malla on Constitution Day after the Constitutional Council did not recommend her for the position. This speech drew objections from ruling party members. At present, Pradhan Malla has remained silent regarding whether she will resign or return to hearings. Her ongoing leave means she has not issued any statements on the matter.