Kathmandu, October 7
Supreme Court Justice Hari Phuyal refused to sit on the Constitutional Bench, questioning what he described as the Chief Justice’s arbitrary discretion in forming the bench. As a result of Phuyal’s stance, the Supreme Court’s Constitutional Bench could not convene on Wednesday.
Chief Justice Dr Manoj Kumar Sharma had previously not included Justice Phuyal on the Constitutional Bench. However, after Phuyal was included in Wednesday’s bench, he met the Chief Justice and refused to sit.
Phuyal questioned why he had not been included in the bench previously and why his presence was needed on Wednesday.
After Phuyal declined to sit, the other justices also refused to proceed, preventing the Constitutional Bench from convening. The bench consists of five justices, including the Chief Justice.
Phuyal has maintained that there should be a scientific method for forming benches, either based on seniority or through a lottery system. He has argued that the Constitutional Bench should not be formed at the discretion of the Chief Justice.
Discontent has recently emerged within the Supreme Court over the formation of benches and the allocation of responsibilities among justices. There have also been publicly reported instances in which justices have differed in their opinions on the Constitutional Bench.
