The Nepali Judiciary - Supreme Court Of Nepal
The Nepali Judiciary - Supreme Court Of Nepal The Nepali Judiciary - Supreme Court Of Nepal
thereof. In the process of managing the documentation, some of the case files have been destroyed and other necessary works in this regard is being carried out. With a view of institutionalizing legal aid, effort towards extending the service of paid lawyers is being carried out. Similarly, with the purpose of institutionalizing the information system regarding the judicial process, the activities of the Supreme Court have been disseminated through its web site. The decisions and orders are being computerized. Some software in the area of case management has been developed. Commercial Benches have been constituted in four areas and some activities regarding strengthening juvenile justice system is being carried out. 1.7 Situation Analysis Since the situation analysis of subject matters carried during the process of drafting the first Plan is still relevant, the same has been taken into consideration in the second Plan. Owing to the constitutional change and changes experienced in the economic and social sectors, situation analysis has been carried out on the basis of the comments received from the stakeholders during the interaction programs and likewise the situation analysis is also based on the priority of matters to be addressed by the judiciary. Under this, situation analysis of the following has been undertaken: reform in case management, effectiveness in execution of decision, legal reform and research, capacity development and initiation of human resources, application of information technology, result oriented supervision and monitoring, promotion of judicial independence and accountability, easy access to justice and increase of public trust upon the judiciary, increase and effective coordination with stakeholders, development of physical infrastructure and reform in security management. 1.8 Core Functions Pursuant to the responsibility prescribed by the Constitution and law and with the experience gained from the previous Plan, the following has been considered as the core function: adjudication of case, execution of decision and supervision and monitoring. Court management that was considered as one of the core functions in the first Plan has been incorporated under strategic intervention. The following functions falls under adjudication function: review the constitutionality of law, to issue orders for the protection of fundamental and legal rights and public interest, exercise of original and appellate jurisdiction, and disposal of cases through application of Special Court (including Tribunals). With regards to execution of decision which has been defined as one of the core functions, decisions and orders rendered from the Supreme Court to the District Courts and other courts and tribunals and any decisions rendered by mediation has been included as core function. Likewise, under supervision and monitoring, acts such as internal inspection and inspection and supervision of subordinate courts, tribunals and quasi-judicial bodies as prescribed by law has been incorporated. Result indicators for these core functions have been identified and in order to obtain the desired result, various strategic interventions and work plan has been designed. 1.9 Strategic Interventions In order to assist realization of the core functions, 12 strategic interventions have been identified. In order to make the adjudication process effective and to bring reform in case management the following strategic intervention have been identified: to prepare and implement scientific case management procedure, to implement special campaigns in courts having many cases and that are considered sensitive in terms of security, to make writing decisions process speedy and v
quality, to develop scientific documentation process and to evaluate the effectiveness of pilot courts. Likewise, in order to make execution of decisions simple, speedy and effective the following strategic interventions have been identified: to establish and strengthen Decision Execution Directorate, to enhance the capacity of decision execution units, to make revenue collection unit effective, to properly manage records of punishment and fine, to manage goods relating to case, to effectively manage bail and guarantee, and to monitor directive orders issued in matters of public interest. Similarly, under development of human resources, the following strategic interventions have been identified: to establish and strengthen human resource department, to implement human resource development plan, to promote human resources, to enhance the capacity of human resources and to coordinate and cooperate for development of human resources. Under development of infrastructure of courts and management of logistical support the following strategic interventions have been identified: to review the plan regarding land and building and to implement the same, to manage vehicles, machinery equipments and furniture, to manage financial resources, and to strengthen library system. With regards to information and media technology, the following strategic interventions have been identified: to establish and strengthen infrastructure for institutionalization of information technology, and to implement the development of media technology plan. Under strengthening the supervision and monitoring system, the following strategic interventions have been identified: to strengthen supervision and monitoring mechanism, to maximize the application of information technology so as to develop automated monitoring system, to affiliate the level of execution of work observed during supervision and inspection with their briti development, to maintain an integrated record of cases disposed by each judge. Similarly under reform of security management, the following strategic interventions have been identified: to strengthen security management of courts, to strengthen security management of judges, legal professionals and employees, and to provide security to parties to a case, victims, witnesses and other court users. In order to preserve the values of judicial independence, accountability and autonomy, the following strategic interventions have been identified: to strengthen research mechanism inside the judiciary, to conduct research on precedents, law and justice system and to publish the same, to review laws related to judicial administration and to amend and draft new laws so as to increase the level of service to be provided by the court. Furthermore, in order to strengthen coordination with justice sector stakeholders, the following strategic interventions have been identified: to strengthen Justice Sector Coordination Committee, to develop cooperation with stakeholders, to regulate and manage cooperation with donor community and non-governmental organizations. Likewise, in order to increase easy access to justice and to public trust upon the judiciary, the following strategic interventions have been identified: to ascertain access to judicial information to the stakeholders, to promote legal aid, to promote mediation, and to strengthen services to be vi
- 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 12 and 13: During the Plan period, although sa
- 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
quality, to develop scientific documentation process and to evaluate the effectiveness of pilot<br />
courts.<br />
Likewise, in order to make execution of decisions simple, speedy and effective the following<br />
strategic interventions have been identified: to establish and strengthen Decision Execution<br />
Directorate, to enhance the capacity of decision execution units, to make revenue collection unit<br />
effective, to properly manage records of punishment and fine, to manage goods relating to case, to<br />
effectively manage bail and guarantee, and to monitor directive orders issued in matters of public<br />
interest.<br />
Similarly, under development of human resources, the following strategic interventions have been<br />
identified: to establish and strengthen human resource department, to implement human resource<br />
development plan, to promote human resources, to enhance the capacity of human resources and<br />
to coordinate and cooperate for development of human resources.<br />
Under development of infrastructure of courts and management of logistical support the following<br />
strategic interventions have been identified: to review the plan regarding land and building and to<br />
implement the same, to manage vehicles, machinery equipments and furniture, to manage<br />
financial resources, and to strengthen library system.<br />
With regards to information and media technology, the following strategic interventions have been<br />
identified: to establish and strengthen infrastructure for institutionalization of information<br />
technology, and to implement the development of media technology plan.<br />
Under strengthening the supervision and monitoring system, the following strategic interventions<br />
have been identified: to strengthen supervision and monitoring mechanism, to maximize the<br />
application of information technology so as to develop automated monitoring system, to affiliate the<br />
level of execution of work observed during supervision and inspection with their briti development,<br />
to maintain an integrated record of cases disposed by each judge.<br />
Similarly under reform of security management, the following strategic interventions have been<br />
identified: to strengthen security management of courts, to strengthen security management of<br />
judges, legal professionals and employees, and to provide security to parties to a case, victims,<br />
witnesses and other court users.<br />
In order to preserve the values of judicial independence, accountability and autonomy, the<br />
following strategic interventions have been identified: to strengthen research mechanism inside the<br />
judiciary, to conduct research on precedents, law and justice system and to publish the same, to<br />
review laws related to judicial administration and to amend and draft new laws so as to increase<br />
the level of service to be provided by the court.<br />
Furthermore, in order to strengthen coordination with justice sector stakeholders, the following<br />
strategic interventions have been identified: to strengthen Justice Sector Coordination Committee,<br />
to develop cooperation with stakeholders, to regulate and manage cooperation with donor<br />
community and non-governmental organizations.<br />
Likewise, in order to increase easy access to justice and to public trust upon the judiciary, the<br />
following strategic interventions have been identified: to ascertain access to judicial information to<br />
the stakeholders, to promote legal aid, to promote mediation, and to strengthen services to be<br />
vi