Supreme Court Justice Hari Phuyal refused to sit on the Constitutional Bench on Wednesday, questioning what he described as the arbitrary discretion of Chief Justice Dr Manoj Kumar Sharma in forming the bench. The bench was consequently unable to convene in Kathmandu on October 7.
Phuyal’s name appeared on the cause list alongside Chief Justice Sharma and Justice Sapana Pradhan. His refusal has brought tensions over the formation of the Constitutional Bench into focus.
Dispute over Constitutional Bench formation
The disagreement concerns the Chief Justice’s discretion in selecting justices for the bench. Phuyal has not been included in any Constitutional Bench since Sharma took office, according to the report.
The episode leaves the Supreme Court Constitutional Bench unable to sit on the scheduled date and highlights an ongoing dispute over its composition.
