Nepal PM accused of interfering in Supreme Court:Balen Shah allegedly pressuring 3 judges to resign; international rights groups issue warning

Nepal Prime Minister Balen Shah’s government has been accused of trying to influence the Supreme Court. Three international organisations Amnesty International, Human Rights Watch and the International Commission of Jurists (ICJ) made the allegation in a joint statement. The organisations claimed that the government is pressuring three senior Supreme Court judges to resign, warning that they could face impeachment if they refuse. They alleged that the government’s objective is to reshape the composition of the Supreme Court. They also said that several steps taken in recent months could undermine judicial independence and affect the hearing of constitutional cases. Controversy over Chief Justice’s appointment The joint statement also questioned the appointment of Manoj Kumar Sharma as Nepal’s Chief Justice. At the time of his appointment, Sharma was fourth in the seniority list, with three judges senior to him being overlooked, triggering controversy. Nepal has long followed the convention of appointing the senior-most Supreme Court judge as Chief Justice. However, this convention was not followed, and Manoj Kumar Sharma was appointed despite three senior judges Sapana Pradhan Malla, Kumar Regmi and Hari Phuyal — being ahead of him. The organisations further alleged that complaints against Sharma were not investigated in an open and impartial manner. The parliamentary hearing committee had received 16 complaints against him, but these were kept confidential and were not made public or shared with the media. Pressure mounts on three senior SC judges The statement said three senior Supreme Court judges Sapana Pradhan Malla, Kumar Regmi and Hari Phuyal are facing pressure to resign. The organisations said no public allegations or credible evidence have so far emerged against the judges to suggest they committed any serious constitutional or legal wrongdoing. Human rights groups pointed out that under Nepal’s Constitution, a judge is immediately suspended once impeachment proceedings are initiated. They warned that suspending all three senior judges at the same time would significantly affect the Supreme Court’s composition and functioning, especially when it is hearing several important constitutional and government-related cases. The organisations said using impeachment without a solid constitutional basis would create the perception that the government is trying to reshape the court to influence pending cases. Such a move, they warned, could undermine public confidence in the judiciary’s independence and impartiality. Objections to changes in the Constitutional Council The organisations also objected to amendments made to the Constitutional Council Act through an ordinance in May 2026. The Constitutional Council is a key institution in Nepal that recommends appointments to constitutional posts, including the Chief Justice, the Election Commission, the National Human Rights Commission and other constitutional bodies. The controversy centres on the Balen Shah government’s decision to amend the council’s functioning through an ordinance instead of passing legislation in Parliament. Earlier, meetings required the presence of a larger number of members, and appointments needed broader consensus or the support of a majority of the full council. After the amendment, meetings can be held with fewer members present, and decisions can be taken by a simple majority of those attending. ​