Kathmandu, May 18: Acting Chief Justice Sapana Pradhan Malla has directed that all writ petitions submitted in accordance with the law must be registered without delay.
The order came after lawyers complained that petitions brought for filing were being returned, and even appeals against such rejections were not being accepted.
Malla instructed that all writs and related appeals against “darpith” (refusal to register petitions) must be registered by 1 pm the same day and scheduled for hearing on Tuesday, Jestha 5.
The issue surfaced after lawyers attempted to file petitions challenging the Constitutional Council’s recommendation to appoint Dr Manoj Kumar Sharma, ranked fourth in seniority, as chief justice. The Supreme Court initially refused to register the petitions, and even appeals against that refusal were reportedly rejected by the chief registrar.
Following the dispute, lawyers met the acting chief justice and raised their concerns.
In her written order, Malla stated that blocking petitions submitted under legal procedure obstructs access to justice and undermines public trust in the judiciary.
She also noted that when attention was drawn to the chief registrar, it was stated that the refusal came under instructions linked to the recommended judge himself.
Citing Article 136 of the Constitution, Section 35 of the Judicial Administration Act 2073, and Rule 7 of the Supreme Court Rules 2074, she said intervention and directive action, as acting Chief Justice, had become necessary.
People’s News Monitoring Service
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