Rastriya Swatantra Party MP Nyuapane Raises Objections to Acting Chief Justice’s Order

Rastriya Swatantra Party (Raswapa) MP Yagyamani Nyuapane has expressed objections to an order issued by Acting Chief Justice Sapana Pradhan Malla, commenting on the increase in judicial activism. Nyuapane stated that the order violated the court’s own decorum and boundaries and suggested that it appeared to reflect a conflict of interest.

He highlighted that over 27,000 cases have been registered in the Supreme Court, with more than 8,000 cases pending resolution for more than five years, emphasizing that no significant judicial activism has been observed.

From Kathmandu on May 18, Nyuapane’s objections came following the Supreme Court Administration’s refusal to register a writ petition related to a decision by the Constitutional Council, after which Acting Chief Justice Sapana Pradhan Malla ordered the petition to be registered. As a legal professional, Nyuapane interpreted this order as a sign of increased judicial activism. He stated, “The order issued by Acting Justice Sapana Pradhan Malla has been widely discussed in the media. It is unclear whether this order was issued by a bench or a single justice, or whether it was a larger or full bench. The constitutional provision under which this bench was directed is also unclear.”

Nyuapane emphasized that courts have their own decorum and limits, and that honorable justices should act with respect. He expressed concern over orders being issued from the judge’s chambers, noting it raises the principle of conflict of interest. He said, “The judiciary is independent, and its dignity must be preserved. We must all respect this and understand judicial processes. However, today, due to the emergence of a conflict of interest, orders are being issued from the chambers of honorable judges, which is troubling.”

He further pointed out that activities outside the judicial administration have caused concern among Nepali citizens. He stated, “Currently, the Supreme Court has over 27,000 pending cases, with more than 8,000 pending for over five years, yet judicial activism is lacking. Meanwhile, activities outside the judiciary’s administration, reflecting a conflict of interest, are causing fear among the people. As an MP, I wish to draw the attention of the Speaker, Nepali citizens, and relevant bodies to this matter.”