National
Chief Registrar Kunwar asked to join Patan High Court
Declining deputation, Kunwar has taken a month-long leave.Tika R Pradhan
The conflict within the Supreme Court has taken a new course after acting chief justice Deepak Kumar Karki told Chief Registrar Lal Bahadur Kunwar to attend the Patan High Court, where he was transferred as a judge a month ago, within three days.
Sources at the Supreme Court claimed that Kunwar was asked a few days ago to execute his duty as per the decision of the Judicial Council of March 10 but he has refused to switch responsibility.
Supreme Court joint spokesperson Devendra Dhakal confirmed the acting chief justice’s direction to Kunwar.
“The acting chief justice has told Chief Registrar Kunwar to be present at the Patan High Court but he has already approved a month-long leave,” said Dhakal.
But Supreme Court sources claimed that Kunwar, who has more than one-year term, won’t relent because a majority of the justices are against taking action against him and say that his decision to remain as chief registrar should be respected.
Actually acting chief justice Karki, according to the source, wanted to have secretary of the Judicial Council Devendra Raj Dhakal as the chief registrar but the position won’t be vacant unless Kunwar resigns or accepts the transfer.
“I think Kunwar will stay on leave as he can do that for 180 days,” said one Supreme Court official close to Kunwar. “By that time Karki will retire.”
Karki retires on September 18.
The acting chief justice was against the decision of Chief Justice Cholendra Shumsher Rana to transfer former chief registrar Nripa Dhoj Niraula to a chief judge position when he was a member of the Judicial Council as the senior most justice at the Supreme Court.
Kunwar, however, was demanding that he should be transferred as the chief judge of the high court instead like the previous two chief registrars.
The general practice in the judiciary is that the chief registrar is usually appointed either chief judge or a judge at a High Court.
Previous chief registrar Nahakul Subedi was appointed chief judge of the Tulsipur High Court and then the next chief registrar Rajan Bhattarai was appointed a judge at the Biratnagar High Court.
Kunwar was appointed chief registrar on February 11 last year. He succeeded Niraula after the latter was appointed chief judge in Tulsipur in January. Kunwar then served as registrar at the Supreme Court.
In his absence, according to Dhakal, senior most registrar of the Supreme Court Narayan Prasad Panthee will execute his responsibilities.
Some employees at the top court have been supporting Kunwar’s stance saying that he represents thousands of employees in the judiciary and therefore he should continue with his stance but the lawyers are against the idea of confronting the Supreme Court leadership.
Chairperson of Supreme Court Bar Association Purna Man Shakya said the chief registrar should either take up his assigned duty or resign.
“There will be no problem at the Patan High Court even if he remains on leave as other judges will do that responsibility,” said Shakya. “How long will he stay on leave? He should either join the High Court or step down. He has no other option.”