Ram Prasad Shrestha, a judicial council member representing the Nepal Bar Association (NBA), retired on November 30. The same day, the council’s administration wrote to the umbrella body to recommend its nominee to fill the vacant position.

Around two weeks later, the association is still reluctant to select its representative as the council’s member. “We were busy with our central council meeting and our office bearers including myself have some programmes to attend,” Anjita Khanal, general secretary of the association, told the Post, explaining the reasons for delay in the selection. “We will recommend our representative but can not say when.”

Though Khanal cited office bearers’ busy schedule for the delay in picking the association’s representative, the actual reason behind it is the umbrella body’s tussle with the judiciary. The judiciary and the NBA are at loggerheads ever since the council led by then Chief Justice Bishowambhar Prasad Shrestha amended its regulation.

The amendment has been done in a way that the chief registrar of the Supreme Court or the council secretary, if appointed a high court judge, would be ranked immediately below the chief judge of the high court.

The association wants the provision revoked, calling it regressive, biased, discriminatory, arbitrary, and unconstitutional, and arguing that it contradicts the principles established by the Supreme Court’s verdicts. It claims that the amended regulations unfairly demote judges appointed from among lawyers, placing them below career judges in the hierarchy.

So much so that a contempt of court case has been lodged against NBA President Gopal Krishna Ghimire for criticising then Chief Justice Shrestha over the appointment of the judges based on the amended regulation. On September 27, the council had picked Nripa Dhwoj Niroula and Nityananda Pandey, both high court chief judges, for the Supreme Court.

Criticising the appointment, Ghimire had claimed the recommendations were done in exchange of money. The top court administration had immediately lodged a contempt of court charge against him which is subjudice.

The central council’s meeting of the association concluded in Pokhara on Tuesday demanded immediate withdrawal of the contempt of court charge against Ghimire. Revocation of the amendment to the council’s regulation too is top demand of the NBA.

“The relationship with the judiciary cannot smoothen while the contempt charge against the president remains,” said an office bearer at the association. “The unconstitutional amendment must also be revised. I don’t think we will recommend our representative in the present situation.”

Led by the chief justice, the council has as its members the senior most Supreme Court justice, the law minister and two advocates—recommended one each by the government and NBA.

One recommended as council’s member must get through the parliamentary hearing process before getting appointed. The entire process will take at least three-four weeks. While the chief justice can call the council’s meeting even as it is not in the full shape, he is unlikely to do so, as such a move might further escalate the conflict.

Answering the lawmakers’ queries at the parliamentary hearing committee before getting appointed as chief justice, Prakash Man Singh Raut had claimed that he would resolve the differences with the NBA without delay. However, two months have passed, and there is no sign of an immediate settlement of the prolonged differences.

Ever since taking the charge as the head of judiciary, Raut has been making attempts to fill the vacant positions of the judges and justice but to no avail. The NBA’s reluctance to nominate its representative means the vacant positions will not be filled in the near future.

While four justice positions are lying vacant in the Supreme Court, different high courts are short of 20 judges.

The council has not been able to make any recommendations after Raut became the chief justice in October first week. The Supreme Court has never been in full shape for over two years now which is affecting its performance.