Scuffle breaks out in front of Nepal SC as lawyers continue protest against Chief Justice

Nov 12, 2021

Kathmandu [Nepal], November 12 : A scuffle broke out between two factions of lawyers in front of the Nepal Supreme Court on Friday afternoon amid an ongoing protest against Chief Justice Cholendra Shumsher Rana.
The scuffle broke out after lawyers in support of the Chief Justice tried to intervene in a sit-in-protest staged by agitating advocates of the Nepal Bar Association and the Apex Court justices. Police took into custody five lawyers who were there in support of CJ Rana.
In an attempt to increase pressure on Chief Justice, the agitating lawyers and justices of the Supreme Court have called on to "bar CJ Rana from entering office." Nepal Bar has been in agitation demanding the resignation of the Chief Justice, accusing him of seeking a political share in the cabinet, and encouraging corruption in the judiciary.
"A peaceful protest which we had announced earlier was underway peacefully in front of the Supreme Court today but some forces entered the venue and tried to disrupt it. A minor scuffle broke out here and they already have been brought under control by the police. We have continued our peaceful-sit-in-protest since the incident," Chandra Guragain, an advocate participating in the protest told ANI.
Advocates and Justices at Supreme Court had started agitation against CJ Rana from the end of September, accusing the head of Nepal's Apex Court of misappropriation. CJ Rana has been blamed for making attempts to take political and personal incentives while delivering verdicts.
The agitating advocates and justices also have accused Chief Justice Rana of "bench shopping" meaning hearings were held for purpose of making a favourable decision for one of the parties. There are also allegations that the court has failed to do any work of reform. Overall, there are allegations of anomalies, irregularities and corruption in the judiciary.
With the protest against CJ Rana entering in the second week, three international human rights bodies have said that it is essential to resolve the crisis in a way that maintains and enhances the court's credibility and independence in order to uphold human rights and the rule of law in the country.
Issuing a joint press statement on Friday, the International Commission of Jurists (ICJ), Human Rights Watch (HRW) and Amnesty International (AI) said that the independence and integrity of the judiciary in Nepal is being jeopardized by the crisis at its Supreme Court. In an unprecedented move, 18 out of 19 justices have refused to sit on Supreme Court benches unless Chief Justice Cholendra Shumsher Rana steps down.
"The Supreme Court has a crucial role in upholding human rights and the rule of law in Nepal, which makes this crisis extremely worrisome for the justice process," the statement quotes South Asia director at Human Rights Watch Meenakshi Ganguly as saying.
"Without judicial integrity and independence, the role of the Supreme Court will be weakened significantly, making it unable to uphold its constitutional obligation to protect human rights and the rule of law," the statement further quotes ICJ senior international legal adviser Mandira Sharma as saying. "The allegations against the Chief Justice must be investigated and addressed through a fair process consistent with the rule of law."