Raut takes over judicial power

Chief Justice Prakash Man Singh Raut took office as the new head of the judiciary on Sunday.

Raut, appointed as the court’s top judge in August 2016, took over the leadership of one of the three organs of the state after being appointed to the position by President Ramachandra Paudel. The President of the Supreme Court is the highest position in the judicial service. It’s a major achievement for Raut, but observers say the road ahead will be far from smooth.

The dispute between the bar benches continues, with courts at various levels waiting for the recruitment of judges, while the Supreme Court continues to be overloaded with work. Raut’s first challenge is to repair relations with the Nepal Bar Association (NBA), which became strained after the Judicial Council changed its rules in September last year.

Under the amendment, which came into force on September 20, 2023, the chief secretary of the Supreme Court or the secretary of the council, if appointed as a judge of the Supreme Court, would be directly below the chief justice of the Supreme Court.

The association demanded the repeal of the provision, describing it as regressive, biased, discriminatory, arbitrary and unconstitutional and arguing that it was contrary to the principles established in the judgments of the Supreme Court. He argues that the amended provision of the regulations unfairly demotes judges appointed from among lawyers, placing them in the hierarchy below professional judges.

His demand to reject the amendment continues. Then, as a council member, Raut agreed to reconsider the amendment. He too, as coordinator of the panel set up to find a meeting place on this matter, failed to resolve the dispute.

The differences between the bar and the bench escalated to such an extent that the full court found that the association’s president, Gopal Krishna Ghimire, should face trial for criticizing the judge’s appointment in the face of a protest by lawyers. A contempt of court case was filed against Ghimire over his remarks that financial transactions took place during the judicial nomination process. However, the deputy registrar of the high court who filed the case announced that it would withdraw the case.

Raut faces a challenge as the leader of the judiciary to bridge the differences. People who have worked with him say that when he headed a body of lawyers in the past, he knows how to approach a case. “Formerly chairman of the Supreme Court Bar Association, currently head of the judiciary. He understands the sensitivity of both institutions. I believe he will be able to mend the ongoing rift,” Ananda Mohan Bhattarai, a former judge who was appointed to the Supreme Court bench along with Raut, told The Post.

Raut was the chairman of the Supreme Court Bar Association during the Second People’s Movement in 2006. His family has long been associated with the Nepali Congress.

Like Bhattarai, NBA officials also hope to resolve the year-long dispute. “We will find a solution through dialogue. The bar is optimistic,” Anjita Khanal, general secretary of the NBA, told The Post.

Raut’s former colleagues say that since the justice system is heading in the right direction after the departure of Cholendra Shumsher Rana, it is his responsibility to maintain the momentum and further increase public confidence in the justice system. “As far as I know him, he’s capable of it,” Bhattarai said.

For over eight years in the judiciary, he has not been involved in any serious controversies and enjoys a relatively honest image. However, few consider him particularly competent in the administration of justice and administration. “He was undoubtedly a well-known lawyer of his time, but he is not considered a competent judge,” a retired judicial official who knew him told the Post. “I doubt there will be any extraordinary reforms under his rule. But he won’t cause any harm on purpose either.”

The Supreme Court is currently short of four judges following the recommendation of Nripa Dhwoja Niroula and Nitya Nanda Pandey as judges last week. Even though the number of cases being decided has increased, the high court still has 25,000 cases on its docket.

To increase the layoff rate, it is crucial to fill vacant positions as quickly as possible.

Similarly, there are 16 judicial vacancies in the supreme courts. As chairman of the board, Raut has the responsibility to appoint board members on a timely and merit-based basis. Which people are appointed will determine the direction the justice system will take, said the retired official.

Lack of transparency and corruption remain serious challenges in the Supreme Court. Several reports, including the one prepared by the Supreme Court Bar Council when Raut himself was its chairman, pointed to irregularities in the judiciary. “Transparency and accountability have improved recently, but there is still much work to be done. I believe the chief justice is aware of this,” Bhattarai said.

Raut, the highest-ranking judge of the Supreme Court, was recommended for the position by the Constitutional Council on September 16. Holder of a bachelor’s degree in law from Nepal Law Campus, Tribhuvan University, he was appointed as a judge of the Supreme Court in August 1, 2016.

Supreme Court records show that from 1983 to 2016, Raut was a barrister and senior advocate, specializing in civil, criminal and constitutional cases. He will head the judiciary until the end of March next year, after which he will hand over the baton to Justice Sapana Pradhan Malli.