KATHMANDU, Dec 1: Nepal Bar Association representative to the Judicial Council Ram Prasad Shrestha retired on Friday after completing his four-year term. Shrestha’s exit is likely to impact the Judicial Council’s decision-making, delaying appointment of judges/justices. The NBA has yet to decide its new representative to the Council.
Delayed appointments of justices has become a tradition in Nepal. The failure to appoint judges on time has affected case hearings at all levels, from district courts to the Supreme Court. The law requires that recommendations for vacant judicial positions be made at least one month in advance. The five-member Judicial Council includes three ex-officio members: the Chief Justice at the head of the Council; the incumbent Minister of Law, Justice, and Parliamentary Affairs; and the senior-most justice at the Supreme Court. The two other JC members include a jurist nominated by the President on the recommendation of the Prime Minister, and a senior advocate or an advocate with at least 20 years of experience recommended by the Bar Association.
Picking an NBA representative to the Council is likely to take some more time as there are differences of opinion as to who should be recommended for the vacant Judicial Council position. Any attempt to forge consensus on the candidate thus far has been elusive, according to an NBA member.
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Currently, there are four vacant positions in the Supreme Court and 18 in the High Court. As the number of justices in the Supreme Court decreases, the caseload is increasing. The Supreme Court currently has over 25,000 pending cases. One member stated that it will take at least a month to recommend judicial appointments.
"Currently, the term of one member has ended. Now, we have to wait for the decision of the Nepal Bar for the appointment to that position," he said.
The NBA executive committee meeting has been scheduled for December 9 and 10 in Pokhara. General Secretary Anjita Khanal stated that the working committee has not discussed sending a member to the Judicial Council yet, as the executive committee meeting is still being prepared.
"At the Pokhara meeting, we will discuss sending a member to the Judicial Council," she said. "The NBA has always faced disputes when appointing members to the Judicial Council. Now, we will discuss sending a member in a way that avoids any disputes."
The NBA has sent members to establish a good professional relationship between the Bar and the Bench. However, the NBA has complained that some of the members sent in this way have become controversial. "Some members sent by the NBA have shown a lack of accountability to the Bar," said General Secretary Khanal.
After the Judicial Council Rules were amended, the NBA protested, claiming the changes were unconstitutional and demanded a correction. The Bar also discussed recalling Shrestha, its representative in the Judicial Council, for not supporting the Bar's position. The NBA has complained that he failed to even mention the amendment when it was made.
General Secretary Khanal said, "Yesterday, Bar representatives Padam Baidya, Ram Prasad Sitaula, and Ram Prasad Shrestha became controversial." She emphasized, "Such situations should not occur again." Khanal explained that some members initially show commitment to the Bar but forget it once they take their positions. "From now onwards, the Bar will not send representatives just for the sake of a job," she added.
