Kathmandu, May 18
Acting Chief Justice Sapana Pradhan Malla has ordered that writ petitions submitted for registration in accordance with the law must be accepted and registered.
The order came after lawyers complained that writs they had brought for filing had been rejected by the bench, and that when they subsequently attempted to file writs challenging those very rejections, those too were refused. In response to their grievances, Acting Chief Justice Malla issued the directive.
She ordered that all writ petitions, as well as petitions challenging bench rejection orders, be registered by 1:00 pm today, and that the cases be scheduled for hearing on Tuesday, May 19.
After the Constitutional Council recommended Manoj Kumar Sharma, who is fourth in seniority, as Chief Justice, lawyers had sought to challenge that decision by filing a writ petition. The Supreme Court rejected that writ. When lawyers then attempted to file a writ against that rejection order, the Chief Registrar refused to accept it. A group of lawyers met with Acting Chief Justice Malla today and formally placed their grievances before her.
In her written order issued the same day, Acting Chief Justice Malla stated that blocking a petition submitted for registration through the legally prescribed method and procedure constitutes an obstruction to the path of justice and an act that undermines public trust in the courts.
She further noted that the situation had necessitated issuing necessary directives and orders in her capacity as Chief Justice, under Article 136 of the Constitution of Nepal, Section 35 of the Administration of Justice Act 2073, and Rule 7 of the Supreme Court Rules 2074.
