Kathmandu, October 29
Nepal’s judicial circles were shaken on Thursday after messages linked to Chief Justice Dr Manoj Sharma and details of communication between Supreme Court Justice Hari Phuyal and Inam Sapkota became public.
The exchanges came to light while police were investigating Sapkota’s phone. Despite the serious revelations, the judiciary issued no immediate institutional response.
A senior Supreme Court official said the matter was not discussed during the full court meeting held in the morning, nor did the chief justice or other justices comment on it while drawing lots to determine court benches.
“Lots were drawn as on any other normal day. After the benches were assigned, the justices went to their chambers and took their seats in court,” the official told Onlinekhabar.
Every morning, Supreme Court justices gather in the meeting hall to allocate benches and select cases through a lottery system. They also briefly discuss current issues during the process. On Thursday, however, no one spoke about the two developments.
Justice Phuyal did not attend the lottery session. When a judge is absent, another justice traditionally draws lots on their behalf.
Phuyal, who sat on a joint bench with Justice Balkrishna Dhakal on Thursday, heard cases until shortly before the afternoon break. He then met with journalists to explain his communication with Sapkota, their conversations and the orders he had issued in cases allegedly discussed by Sapkota.
Phuyal maintained that he had no improper motives in meeting Sapkota and that their interactions had not influenced his decisions in pending cases.
According to sources, the justices did not hold a collective discussion even during the afternoon break.
Later in the afternoon, Chief Justice Sharma issued a statement under his own signature, denying any contact or meetings with Sapkota. Rather than issuing the statement through his secretariat, Sharma signed it personally.
Shortly afterwards, Justice Shrikant Paudel also issued a statement, saying his order in the case involving Rohit Gupta had been based on lawyers’ arguments and the merits of the case. He denied meeting anyone in connection with the order.
The chief justice also held discussions with some justices close to him and senior officials of the judicial administration.
Following those discussions, a notice was issued for a full court meeting on Friday morning. The agenda lists “discussion on contemporary issues”.
Chief Justice Sharma and other justices are expected to attend the meeting. Senior-most Justice Sapana Pradhan Malla is currently on leave for a foreign visit, meaning the full court meeting will take place in her absence.
A full court is an administrative meeting attended by all Supreme Court justices.
The Nepal Bar Association, the umbrella organisation of legal professionals, also issued a statement on Thursday calling for an investigation into the disclosures. It demanded scrutiny of the roles of the judicial leadership and other justices, with disciplinary action to follow if wrongdoing is established.
Although the justices did not hold a collective discussion on Thursday, some spoke among themselves. That evening, Justice Phuyal issued a statement asserting that he had done nothing to compromise judicial integrity or damage the judiciary’s reputation. He also pledged to cooperate with any investigation.
“Even with such sensitive news becoming public, the Supreme Court’s institutional response has been relatively muted. The judicial leadership has not taken the initiative in discussions,” a Supreme Court justice told Onlinekhabar. “There is an expectation that the matter will be discussed at Friday’s meeting.”
