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CJ Sharma faces 22,000 pending cases as judicial backlog piles pressure on SC

“Cases will be disposed of within the timeframe specified by the revised case management system, which is a maximum of 18 months,” Sharma stated in his written plan submitted to the committee.
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By Tapendra Karki

KATHMANDU, May 20: Newly appointed Chief Justice (CJ) Manoj Kumar Sharma has taken office at a time when Nepal’s Supreme Court (SC) is grappling with a massive backlog of around 22,000 pending cases, placing him under immediate pressure to accelerate judicial processes and restore public trust in the judiciary.



Sharma, who assumed office after taking the oath of secrecy from President Ram Chandra Paudel, was appointed following his endorsement by the Parliamentary Hearing Committee (PHC) on Tuesday. Immediately after taking charge, he stated that any interference in the judicial process would not be acceptable.


At present, the SC has approximately 22,000 cases awaiting final verdicts. Many of these cases have remained unresolved for years due to various procedural and administrative delays. Sharma now shoulders the responsibility of prioritising and disposing of these long-pending cases.


The court is also dealing with cases that are five to eight years old. Addressing the PHC, Sharma had pledged to prioritise case clearance. In his action plan, he said cases would be resolved within a maximum period of 18 months under a revised case management system.


“Cases will be disposed of within the timeframe specified by the revised case management system, which is a maximum of 18 months,” Sharma stated in his written plan submitted to the committee.


Alongside the backlog, Sharma faces growing concerns over alleged middlemen operating within the judiciary. He is expected to address complaints of delayed hearings, improve case disposal rates, and ensure impartial and credible justice delivery.


In his vision document, Sharma has emphasized faster judicial processes, improved quality of justice, and better service delivery to enhance public trust in the court system.


“Judicial governance, accountability, transparency, discipline, and the highest standards of integrity will be ensured. The appointment process of judges will be transparent, predictable, and free from controversy. Strengthening judicial independence and efficiency will improve Nepal’s standing in global rule of law standards,” his plan reads.


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However, experts and observers note that ensuring governance and curbing corruption within the judiciary will not be easy. Previous chief justices have also pledged to eliminate middlemen and corruption, but with limited success.


One of Sharma’s biggest challenges will be managing tensions between the bench and the bar while maintaining cooperation among colleagues. Even before his appointment, indications of resistance from the Nepal Bar Association (NBA) had already emerged. Failure to manage this institutional conflict, analysts warn, could affect judicial efficiency.


During the PHC hearing, the bench–bar dispute was raised as a critical issue. Nepali Congress lawmaker Ananda Dhungana asked how Sharma planned to resolve the long-standing conflict between the judiciary and the legal fraternity, noting that such disputes have often delayed justice delivery.


“In recent years, conflicts between the bar and the bench have continued. How will you resolve this issue? Some previous chief justices tried to reduce the tension, but it appears to be increasing again. If it escalates, access to justice will suffer,” Dhungana said during the hearing.


Sharma responded that there was no real conflict, calling such concerns exaggerated.


Who is Sharma?


Sharma, who comes from a legal practice background, will lead the judiciary for six years, until April 2029. He entered the SC as a judge on April 19, 2020. Born on June 18, 1970, in Birgunj, Parsa, Sharma holds an LL.B. from Nepal Law Campus, an LL.M. from Pune University, India, and a PhD in labour law from Tribhuvan University.


He previously served as an additional judge at the High Court from June 10, 2013, to December 12, 2015. Before joining the bench, Sharma worked as a legal advisor for various companies and institutions and has participated in national and international conferences.


During his tenure as chief justice, 10 Supreme Court justices are set to retire, including Sapana Pradhan Malla, Kumar Regmi, Binod Sharma, Abdulaziz Musalman, Mahesh Sharma Paudel, Nityanand Pandey, Shanti Singh Thapa, Saranga Subedi, Megraj Pokharel, and Shrikanth Paudel. Justice Hari Prasad Phuyal will still have three years remaining in his term when Sharma retires.


NA protests, torch rally held in protest


The NBA has criticized the appointment process, claiming that efforts to end “setting culture” in the judiciary have instead given rise to another form of "setting."



On Tuesday, the association staged a torchlight rally on the SC premises, protesting against the recommendation of Sharma as CJ and alleging irregularities in the handling of a related writ petition.


 


NBA President Bijaya Mishra said that appointing a judge with a longer remaining tenure instead of one with a shorter tenure itself reflects a form of “setting.”


 


“Replacing one type of setting with another is unfortunate for the people of Nepal,” Mishra said during the protest.


 


He further accused authorities of obstructing judicial processes and attempting to run a parallel administration within the judiciary.


Senior advocates, including Dinesh Tripathi, also expressed their views during the protest programme organized by the NBA.





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