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The Nepali Judiciary - Supreme Court Of Nepal

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During the Plan period, although satisfactory achievements have not been achieved in the<br />

Appellate <strong>Court</strong>s, there has been a reduction of responsibility by 0.8% each year during the Plan<br />

period. Disposal of cases in the District <strong>Court</strong>s have not been uniform and there has been increase<br />

in the backlog of cases. With regards to other courts and tribunals and in comparison to<br />

registration of new cases in the first and second year there has been a decrease in the disposal of<br />

cases but disposal of cases during the third and fourth year has been satisfactory. Although the<br />

objective of all the courts and tribunals was to reduce the number of cases exceeding two years to<br />

zero could not be achieved it can be observed that from among the total number of cases for the<br />

first year 19.44% of cases exceeded two years wherein the said number was reduced to 16.17% in<br />

the fourth year and as such there has been some reduction in the cases exceeding two years.<br />

<strong>The</strong> Plan had envisaged disposing petitions made for execution of judgment within 6 months and<br />

provided petitions could not be disposed within the prescribed period, the Plan had envisaged that<br />

disposal of such petitions would not exceed one year and likewise the Plan had envisaged to<br />

dispose 75% of the pending petitions at the rate of 15% each year. During the Plan period,<br />

petitions regarding execution of decisions were nil in five District <strong>Court</strong>s whereas there were no<br />

petitions regarding execution of decisions that exceeded one year in 17 courts. Although the<br />

expected objective pursuant to the Plan was deemed to have been achieved, expected results<br />

were not able to be achieved in District <strong>Court</strong>s that had excessive work load.<br />

Under the supervision and monitoring function, the honorable justices of the <strong>Supreme</strong> <strong>Court</strong> vested<br />

with the responsibility of carrying out supervision and monitoring of the Appellate <strong>Court</strong> and its<br />

subordinate bodies. Other than in the second year, monitoring of majority of the courts has been<br />

carried in other years. Likewise, in the area of court management, various studies and research<br />

have been conducted.<br />

Likewise, with regards to streamlining and strengthening the management capacity of the judiciary<br />

which was one of the strategic interventions under the first Plan, a <strong>Court</strong> Organization and<br />

Management Committee was constituted for the purpose of providing recommendations deemed<br />

necessary. Pursuant to the recommendation made by the Committee, many of the posts have<br />

been approved and fulfilled whereas some of the posts are in the process of being approved. With<br />

regards to judicial autonomy, a separate Act regarding the terms of service for employees of the<br />

judicial service has been drafted and submitted to the concerned authority. Likewise, a committee<br />

on Financial and Judicial Autonomy was constituted with the purpose of increasing the<br />

disbursement of budget and acquiring financial autonomy with regards to distribution and spending<br />

of budget. <strong>The</strong> Committee had recommended that financial and administration autonomy of the<br />

judiciary should be prescribed in the Constitution. Similarly, a committee had been constituted with<br />

regards to acquiring autonomy in the area of donor assistance, wherein the said committee had<br />

recommended for independent dealings with the donor communities and had also recommended<br />

for acquiring assistance deemed necessary. A permanent committee has been established to<br />

manage the assistance to be received from the donor community and in this regard a Financial<br />

Management Committee has also been established.<br />

Another strategic intervention under the first Plan was to develop infrastructure and logistical<br />

support. For this purpose a Physical Infrastructure and Logistical Committee was constituted,<br />

wherein the said committee had classified various courts under different categories and pursuant<br />

to the categorization, the committee had determined standards for procurement of land and<br />

buildings deemed necessary. Procurement of land and construction of buildings are being followed<br />

pursuant to the recommendation made by the committee. During the Plan period, commendable<br />

iii

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