Owner system

With the lottery system, the chief judge loses the role of master of the list

It’s official now. On December 1, the Chief Justice of Nepal will not be the master of the list.

A plenary meeting of the 18 Supreme Court justices, which Chief Justice Cholendra Shumsher Rana did not attend, on Thursday decided to implement a lottery system for the allocation of seats, marking the end of the long tradition of the head of the judiciary assigning cases.

“Now, with the full court ruling, the lottery system for allocating cases will come into effect from December 1,” said Baburam Dahal, spokesman for the Supreme Court.

Earlier Monday, the regulations prepared by the entire Supreme Court tribunal on November 18 were approved by the Justice Department, paving the way for the judiciary to launch the lottery system to prepare the list of cases.

The full court ruling came on Thursday as the Nepalese Bar Association and various professional organizations marched from the Supreme Court in Baluwatar to pressure Rana to resign.

The Nepal Bar has made Rana’s resignation its main goal. Judges, however, are now expected to return to hear all kinds of cases from December 1 based on the lottery system.

Hearings can start from December 1 depending on new developments, but questions remain as lawyers have said they will not participate.

Those familiar with the current crisis in the justice system argue that the lottery system may not provide a complete solution.

The main question is whether the chief judge will be present at the toss and whether he will also be drawing lots.

Supreme Court officials said Chief Justice Rana would run the lottery system and also draw lots.

“At this time, we have no information that the Chief Justice, who heads the Case List Management Committee, is not participating in the lottery system,” said Kishwor Paudel, communications expert at the Supreme Court.

Although the judges returned to hearings on November 18 after a standoff of several weeks, they did not share benches with the chief justice. There is no clarity on how the judges will handle the situation when the chief judge not only becomes the witness of the lottery system, but also has cases for him, some cases that other judges have to share. with him.

The Nepalese Bar Association and the Supreme Court Bar Association have made it clear that they will have to think about supporting the lottery system if Chief Justice Rana is also involved in the draw.

“We have informed the judges that we do not recognize Rana as Chief Justice now and that any action taken by him is unacceptable to us,” said Purna Man Shakya, president of the Supreme Court Bar Association. “If Rana refuses to refrain from participating in the lottery system, we will have to develop another strategy to isolate her further. We can even ask judges to block hearings on the basis of the lottery system. “

According to Shakya, the presidents of both bars informed the judges that they would not tolerate any judge sharing a seat with the chief judge.

Judges and experts say the lottery system has its own drawbacks, but at this point it’s the only solution.

Recommendations have in fact been made for the judiciary to adopt an automated system to assign cases. The lottery system was envisioned as an interim measure so as not to allow Chief Justice Rana to assign cases to judges or benches.

One of the charges against Rana is that he abused his role as master of the roster and assigned cases for financial gain.

One of the judges told the Post that they were well aware of the downsides of a lottery system.

“We can remedy the drawbacks as we practice this system,” the justice said. “It can take us about six to seven months to move to a fully automated system. “

Rana, who has so far claimed he is not going to resign, has not appeared in Supreme Court in recent days.

According to court officials, Rana “is not doing well” and he came to his office on Thursday for a brief period to sign the entire court decision on the implementation of the lottery system.

According to Dahal, the spokesman for the Supreme Court, Rana has not appeared at his office in recent days.

Lawyers say resolving the Supreme Court crisis rests with Rana.

“Our struggle has not yet reached its climax. We are preparing to come up with other protest plans, ”said Shakya, president of the Supreme Court Bar Association. “I don’t think Rana, who we don’t see as Chief Justice now, can sustain for long.”

The Nepal Bar is meet the management of the Nepalese Congress, the party that runs the government, Friday.

According to Chandeshwar Shrestha, president of the Nepalese Bar Association, Prime Minister Sher Bahadur Deuba invited them to Baluwatar to discuss the deadlock in the justice system on Friday morning. “We will try to convince him why an impeachment motion against the chief justice is essential.”

So far, none of the political parties have shown interest in filing an impeachment petition against Rana as the justice system has faced a month-long crisis, depriving thousands of their right to Justice.

So far, Chief Justice Rana has only maintained one position: he can only be removed from office through a constitutional impeachment process.

“It all depends on how the internal and external environment of the Supreme Court evolves,” said Dahal, the spokesperson for the Supreme Court. “It’s up to the chief justice to decide … if he goes on leave or if he makes any other decision.” He hasn’t given any clues yet.