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Attorney General Appointment | Proximity | Concerns of Nepotism & Favouritism

Politics

Kandel appointed attorney general amid questions over political proximity

Photo: Office of the Attorney General, Nepal
Photo: Office of the Attorney General, Nepal

Kandel’s recent role defending Rabi Lamichhane raises concerns about perception, if not legality, in a post that demands trust and independence.

-the_farsight |

On April 5, the government appointed Narayan Dutt Kandel as the country’s new Attorney General (AG). Kandel comes with a mixed background in journalism, legal practice, and academic work on constitutional and rights issues. 

However, the decision has drawn attention, raising questions about the integrity of the appointment, given his immediate past role as legal counsel to Rabi Lamichhane, the party chair of the ruling Rastriya Swatantra Party (RSP). The proximity is recent and direct.

Kandel was part of the legal team representing Lamichhane in a writ petition before the Supreme Court, challenging changes made to charge sheets in cases involving cooperative fraud, organised crime, and money laundering by the erstwhile Sushila Karki government.

Constitutionally, the Attorney General is the chief legal adviser to the government, appointed by the President on the Prime Minister’s recommendation. Article 157 (2) states that the AG shall hold office during the pleasure of the Prime Minister, meaning that the PM can remove or replace AG anytime.

AG has the final authority to decide, on behalf of the government, whether to initiate or not initiate legal proceedings before any court or judicial authority.

In March, a hearing in the case took place before a joint bench that included Justices Sharanga Subedi and Sunil Kumar Pokharel. Pokharel had represented Lamichhane as part of his legal counsel team before rising to the post of Justice at the apex court. Despite the clearly visible conflict of interest, Pokharel proceeded with the hearing, citing that he had completed the legally mandated one-year cooling-off period.

An advocate who recently defended a political leader now heads the state’s prosecution system. The case itself is still under consideration. 

Additionally, some argue that the position requires a minimum of 15 years of continuous legal practice, a criterion they claim Dr. Kandel does not meet.

Kandel was not the only name in the frame. Dipendra Jha, former chief attorney of Madhesh Province (2018-2023), as he claimed, was the government’s first choice. He confirmed in a Kantipur TV Fireside interview last week that he had been formally offered the position. Jha declined, citing several reasons, including academic commitments. Like Kandel, Jha had also been part of Lamichhane’s legal team. 

Kandel is filling in the position after Sabita Baral Bhandari, the first woman to serve as Attorney General, resigned from her post on March 27. She was appointed to the position on September 14, 2025 by the interim PM Sushila Karki.

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