Nepal's acting CJ Malla cautions efforts to make judiciary obedient institution

Mallas remarks come two days after the Constitutional Council, headed by Prime Minister Balendra Shah, picked Dr Manoj Kumar Sharma as the new Chief Justice of Nepal, undermining the established practice and seniority protocol. The Constitutional Council on May 7 recommended the name of Justice Sharma, who is fourth in rank among the current judges of the apex court, bypassing Malla, the senior most.

Acting Chief Justice of Nepal Sapana Pradhan Malla on Saturday called co-justices to carry out their duties impartially, free from fear, pressure or political influence. Malla's remarks come two days after the Constitutional Council, headed by Prime Minister Balendra Shah, picked Dr Manoj Kumar Sharma as the new Chief Justice of Nepal, undermining the established practice and seniority protocol. Addressing a special programme organised here to mark the 74th Law Day, Malla said, the essence of justice must not be undermined by the pressure of a two-thirds majority government or threats of impeachment. Addressing judges on the occasion, she urged them to work with high morale and integrity. ''Justice cannot prevail under fear or influence,'' she added. ''Whether it is the fear of a powerful government or the threat of impeachment, judges must rise above such narrow constraints,'' Malla added. She called on the judicial fraternity to uphold the sanctity of justice with courage and impartiality, stressing that fearless decision-making is essential for safeguarding the independence and dignity of the judiciary. Reflecting on her personal journey, Malla said she has been fighting discrimination and injustice for decades since she chose the legal profession. During her address, she cautioned not to make the judiciary an obedient institution by weakening the constitutional and judicial supremacy under the pretext of utilising authority and procedure. ''I have spent my life fighting injustice, and that the struggle is not over,'' she said. ''I remain committed to ensuring competent, clean, and fair justice.'' The post of chief justice had remained vacant since the retirement of Prakash Man Singh Raut on March 31, 2026 upon reaching the constitutional age limit of 65. Malla, who is the senior-most justice among all the justices currently serving at the Supreme Court, had been overseeing the judiciary in the interim. The Constitutional Council on May 7 recommended the name of Justice Sharma, who is fourth in rank among the current judges of the apex court, bypassing Malla, the senior most. The development has sparked criticism from the legal fraternity as well as opposition parties. Senior advocates, including Dinesh Tripathi, on Friday approached the apex court to file a writ against Sharma's name being recommended for the post of chief justice, however, the court did not entertain the petition. Sharma will be officially appointed the Chief Justice once the Parliamentary Hearing Committee approves his name. Shah and his Rastriya Swatantra Party (RSP) formed the government after winning a landslide victory in the March 5 general election, securing a massive 182 seats out of the total 275 seats in the House of Representatives (HoR).