The Nepali Judiciary - Supreme Court Of Nepal

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During the Plan period, although satisfactory achievements have not been achieved in the Appellate Courts, there has been a reduction of responsibility by 0.8% each year during the Plan period. Disposal of cases in the District Courts have not been uniform and there has been increase in the backlog of cases. With regards to other courts and tribunals and in comparison to registration of new cases in the first and second year there has been a decrease in the disposal of cases but disposal of cases during the third and fourth year has been satisfactory. Although the objective of all the courts and tribunals was to reduce the number of cases exceeding two years to zero could not be achieved it can be observed that from among the total number of cases for the first year 19.44% of cases exceeded two years wherein the said number was reduced to 16.17% in the fourth year and as such there has been some reduction in the cases exceeding two years. The Plan had envisaged disposing petitions made for execution of judgment within 6 months and provided petitions could not be disposed within the prescribed period, the Plan had envisaged that disposal of such petitions would not exceed one year and likewise the Plan had envisaged to dispose 75% of the pending petitions at the rate of 15% each year. During the Plan period, petitions regarding execution of decisions were nil in five District Courts whereas there were no petitions regarding execution of decisions that exceeded one year in 17 courts. Although the expected objective pursuant to the Plan was deemed to have been achieved, expected results were not able to be achieved in District Courts that had excessive work load. Under the supervision and monitoring function, the honorable justices of the Supreme Court vested with the responsibility of carrying out supervision and monitoring of the Appellate Court and its subordinate bodies. Other than in the second year, monitoring of majority of the courts has been carried in other years. Likewise, in the area of court management, various studies and research have been conducted. Likewise, with regards to streamlining and strengthening the management capacity of the judiciary which was one of the strategic interventions under the first Plan, a Court Organization and Management Committee was constituted for the purpose of providing recommendations deemed necessary. Pursuant to the recommendation made by the Committee, many of the posts have been approved and fulfilled whereas some of the posts are in the process of being approved. With regards to judicial autonomy, a separate Act regarding the terms of service for employees of the judicial service has been drafted and submitted to the concerned authority. Likewise, a committee on Financial and Judicial Autonomy was constituted with the purpose of increasing the disbursement of budget and acquiring financial autonomy with regards to distribution and spending of budget. The Committee had recommended that financial and administration autonomy of the judiciary should be prescribed in the Constitution. Similarly, a committee had been constituted with regards to acquiring autonomy in the area of donor assistance, wherein the said committee had recommended for independent dealings with the donor communities and had also recommended for acquiring assistance deemed necessary. A permanent committee has been established to manage the assistance to be received from the donor community and in this regard a Financial Management Committee has also been established. Another strategic intervention under the first Plan was to develop infrastructure and logistical support. For this purpose a Physical Infrastructure and Logistical Committee was constituted, wherein the said committee had classified various courts under different categories and pursuant to the categorization, the committee had determined standards for procurement of land and buildings deemed necessary. Procurement of land and construction of buildings are being followed pursuant to the recommendation made by the committee. During the Plan period, commendable iii
progress has been achieved in this matter. Likewise, progress has been made in the management of furniture, vehicles and computers and other equipments. For the purpose of streamlining the number and geographical distribution of courts and reviewing the existing jurisdiction, a Jurisdiction Review Committee was constituted to provide necessary recommendations and similarly another committee was constituted to review the jurisdiction of the courts. Both the committees have submitted their reports. In the changed context, since this strategy bears no relevance, the said strategy has been suspended after the mid-term evaluation. Under the strategic intervention of development of human resources and implementing the same, a committee was established to determine the policy and time frame regarding the transfer of justices and transfer and promotion of employees. Likewise, a committee was established to conduct a study on the capacity and need of human resources for the courts. Some initiatives with regards to the execution of the report submitted by the committees have been undertaken and some are in the process of being executed. National Judicial Academy was established during the period of the first Plan and with the establishment of the Academy important initiatives have been undertaken for the development of the capacity of human resources. For the purpose of developing the human resource plan of the courts and its subsequent implementation a high-level committee has been constituted and a report has been prepared by the committee. In order to review relevant laws and to simplify the court procedures in order to improve the quality of legal and judicial service, a committee had been established to review the Act and Regulations regarding judicial administration and the committee was entrusted with the responsibility of drafting appropriate Act and Regulation. The committee had recommended for amendments in various Acts and had also recommended for drafting of new laws, and had suggested for reforms in the Court Regulations and had also recommended for drafting guidelines for various subject matters. Pursuant to the recommendation made by the committee, amendments in the Muluki Ain, and amendments to some of the Acts regarding judicial administration and court Regulations have been made therein. Likewise, employee work guidelines, court supervision and monitoring guidelines, and human rights guidelines for employees involved in the judicial administration have been developed. A separate draft Bill on bail, guarantee and limitation has been drafted and submitted to Nepal Law Commission. Development in case management has also been completed. Likewise, in order to strengthen coordination with justice sector actors and in order to frame policy regarding partnership with donor organization and non-governmental organizations, the committee constituted therein has already submitted its report, and a committee for entering into partnership with donor organization has already been established. A draft media policy of the judiciary has already been developed and information cells in courts have been established. Similarly, Court Management Committee and Justice Sector Coordination Committee have been established. In order to strengthen the services to be provided to the court users, a Charter has been prepared and published for the court users. Similarly, in order to make the judicial system more transparent and accountable effort has been made towards strengthening its investigative and disciplinary mechanism. There has been remarkable reform in redemption of arrears. Mediation has been introduced in the judicial process. A study and a report regarding reform of security system of the courts and its judges, employees and other users have been prepared. Likewise, a study regarding development of scientific central documentation system has been carried out and various recommendations have been provided iv
Page 1 and 2: Second Five-Year Strategic Plan of
Page 4 and 5: Supreme Court Full Court Under the
Page 6 and 7: Introduction The process of planned
Page 8 and 9: Drafting of Plan in itself is not a
Page 10 and 11: Executive Summary 1.1 Preliminary W
Page 14 and 15: thereof. In the process of managing
Page 16 and 17: provided to court users. Similarly,
Page 18 and 19: Table of Contents Page Decision of
Page 20: Chapter One Introduction 1
Page 23 and 24: listing achievements obtained from
Page 25 and 26: During the discussions organized be
Page 27 and 28: Plan and accordingly shall maintain
Page 30 and 31: Chapter Two Vision, Mission and Val
Page 32: Chapter Three Review of the First P
Page 35 and 36: 3.2.1.2 Issue appropriate orders fo
Page 37 and 38: During the first year of the Plan,
Page 39 and 40: disposal rate has been satisfactory
Page 41 and 42: TABLE: 9 Statement of Execution of
Page 43 and 44: Although, the strategic plan with j
Page 45 and 46: functions and duties of the judicia
Page 47 and 48: courts were not in accordance with
Page 49 and 50: Activities carried out to fulfill t
Page 51 and 52: Pursuant to the policy of providing
Page 53 and 54: een provided for outstanding court
Page 55 and 56: 3.3.10 To strengthen the investigat
Page 57 and 58: Accordingly a Committee 76 headed b
Page 59 and 60: and data retrieval has been introdu
Page 61 and 62: In order to effectively implement t
Page 64:
Chapter IV Situation Analysis 45
Page 67 and 68:
Particulars TABLE: 15 Case Disposal
Page 69 and 70:
yearly arrears is satisfactory, the
Page 71 and 72:
Currently under the various levels
Page 73 and 74:
eap benefits for the organization a
Page 75 and 76:
Furniture and other Equipments Curr
Page 77 and 78:
The demonstrations made in the cour
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Although, the judiciary is directly
Page 81 and 82:
egularly updated; area of mediation
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facilities provided to summon execu
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• Reform activities to be conduct
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under the courts. While doing so, s
Page 90 and 91:
Chapter Five Core Functions Pursuan
Page 92:
Chapter Six Projection of Strategic
Page 95 and 96:
6.2 To maximize the use of informat
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Chapter Seven Risks and Mitigating
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• Provided, the budget and other
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Chapter Eight Implementation Plan o
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Conduct study on possibility of pub
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1.5 Impact evaluation of pilot cour
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2.6 Implementation and monitoring o
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3.4 Capacity enhancement of human r
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Annual and periodical conferences
Page 114 and 115:
4.2 Manage vehicles, machinery and
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To update website and enhance the l
Page 118 and 119:
To prescribe focal point for regula
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To frame and implement procedures r
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9.3 To review, amend and frame new
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To coordinate with Law Commission f
Page 126 and 127:
11.4 To strengthen services provide
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Chapter Nine Budget Projection 109
Page 130 and 131:
CHAPTER NINE BUDGET PROJECTION Budg
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2 Members (Equivalent to Judge of C
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3.e Commercial Bench 1 Judges i Sal
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y Clerks i Clerks (Judicial Non Gzt
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3 Other Courts and Tribunals 1 Spec
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c Clerks i Clerks (Judicial ) Non G
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Clerks i Clerks (Judicial ) Non Gzt
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2 Appellate Courts (including regio
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2 Labor Court a Stationary i Office
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4 Revenue Tribunals a Stationary i
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6 Judgment Execution Directorate a
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Strategic Interventions 1-12 Amount
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m To conduct feasibility study of p
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SI 2 To make judgment implementatio
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c To conduct necessary work for inc
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j Language capacity training i Reso
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Bench Officers i Resource Persons R
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ze Annual and Periodical Confrences
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Partial Land Acquisition/Purchase 1
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6 Residence Building for Judges and
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xxxxii Chitwan Rs. 200,000 x 1 Time
Page 172 and 173:
6 Tribunals Rs. 200,000 1 x 1 4 Tri
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Cost included in SI 5 h To establis
Page 176 and 177:
7.2 To manage and strengthen securi
Page 178 and 179:
SI 9 To institutionalize research r
Page 180 and 181:
SI 10 To strengthen institutional r
Page 182 and 183:
To disseminate information so as to
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Periodic evaluation/review of imple
Page 186 and 187:
Strategic Intervention (1-12) SI 1
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ANNEXES ANNEX 1 Organogram of the C
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Legal Aid Section Full Court & othe
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ANNEX 3 Description of manpower A.
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41 Syangja 374 2 187 35 4 2 28 9 42
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C. District Courts S. N. Courts No
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A. Supreme Court S. No. 1 Supreme C
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43 Bajura X - - - X X 1 located to
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50. Hon. Judge Mr. Bhola Prasad Kha
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162. Hon. District Judge Mr. Lekh N
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32 Member Mr. Prem Singh Dhami Supr
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23 Non-gazetted 2 nd class Mr. Dine
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Officials and Members of Central Ju
Page 212 and 213:
3. Plan Formulation Consultation Pr
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D. Joint consultation meeting betwe
Page 216 and 217:
2. District Courts S. No. Name of C
Page 218 and 219:
Values Allegiance to the Constituti
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The Nepali Judiciary - Supreme Court Of Nepal

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