The Nepali Judiciary - Supreme Court Of Nepal

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Plan Formulation Committee 1. Honorable Justice Kalyan Shrestha, Supreme Court Coordinator 2. Honorable Justice Dr. Ananda Mohan Bhattarai, Appellate Court, Patan Member 3. Registrar Dr. Ram Krishna Timalsena, Supreme Court Member 4. Honorable Justice Binod Prasad Sharma, Rasuwa District Court Member 5. Joint Secretary Mr. Atmaram Pandey, Representative, National Planning Commission Member 6. Joint Secretary Mr. Ran Bahadur Shrestha, Representative, Ministry of Finance Member 7. Joint Registrar, Binod Sharma, Supreme Court Member-Secretary Task Force (Full Time) 1. Honorable Justice Dr. Ananda Mohan Bhattarai, Appellate Court, Patan Coordinator 2. Honorable Justice Binod Prasad Sharma, Rasuwa District Court Member 3. Joint Secretary Nahakul Subedi, Judicial Council Secretariat Member 4. Joint Registrar Binod Sharma, Supreme Court Member-Secretary With the aim of providing assistance to the above groups, Under-Secretary Mr. Giriraj Gautam, Under-Secretary Mr. Shyam Kumar Bhattarai, Under-Secretary Mr. Navaraj Dahal, Under- Secretary Narayan Prasad Subedi, Section Officer Mr. Bhadrakali Pokharel, Account Officer Mr. Mohan Bahadur Karki, Computer Operator Mr. Dixitman Rajbhandari, Nayab Subba Mr. Somkant Bhandari, Accountant Mr. Hari Sharan Gautam, light vehicle driver Mr. Purna Maharjan, office assistant Mr. Hari Maharjan and Mrs. Seeta Devi Dhital were assigned on a full-term basis. Likewise, Dr. Shree Krishna Shrestha and Mr. Rajan Kumar K.C. provided their technical expertise during the stage of drafting the Plan. 1.3. Planning Process With the constitution of the Task Force and prior to commencing its work, the Plan Formulation Committee provided guidelines regarding the methodology and processes and matters to be included during the formulation of the Plan. It was realized that during the formulation of the Plan, active participation from judges, employees and stakeholders of the judiciary was deemed essential and taking this into consideration, written recommendation was sought from all the courts, tribunals and other judicial bodies. Series of discussions and interactions were organized with legal professionals, employees, various organizations involved in the area of law and justice, representatives from the media and other concerned stakeholders. 1 The interaction was centered in identifying the matters to be included in the Plan, determining and selection of targets and result indicators, indicators for strategic interventions and risk and mitigating measures. Prior to the constitution of the Plan Formulation Committee, the experience of the first Plan, need for the second Plan, its appropriateness and the matters to be included in the Plan was discussed in the first National Conference of the judges. 2 During the conference, opinions were sought from each judge and high officers by providing them with questionnaires. 3 While formulating the Plan, the concerns and interests expressed by the participants have been incorporated. 1 Detailed descriptions of the interaction have been provided in Annex 6 2 The conference was held on 2065/12/18 and 19 3 From among the participants, 96 of the participants had submitted the questionnaires. 5
During the discussions organized between the concerned stakeholders, some of the participants opined for formulation of an interim Plan since they were of the view that the country was in a transitional phase and also was in the process of drafting a new Constitution, whereas majority of the participants opined that the functions of the judiciary would remain same irrespective of the constitutional provisions and also expressed that if any differences arose, the same could be addressed during the mid-term review wherein honoring the opinion of the majority, it was decided to draft a strategic plan for a period of five years. With the preparation of the preliminary draft, regional consultation meetings were held in Biratnagar on 2066/3/6, Pokhara on 2066/3/13, Nepalgunj on 2066/3/17 and Kathmandu on 2066/3/20. Judges and other stakeholders participated in the consultation meeting. 4 In the consultation meeting, the preliminary draft of the Plan was submitted and extensive discussions were held. Matters raised during the consultation meeting were again discussed by the Task Force and changes to the preliminary draft were made. The final draft was submitted by the Plan Formulation Committee before the High-Level Direction Committee and Plan Implementation Committee on 2066/3/25. Pursuant to the opinions and recommendations made by the committee, the draft was further improved and was submitted for further suggestions in a retreat organized for the judges by National Judicial Academy on 2066/3/27. Pursuant to the suggestions made by the honorable justices, further changes deemed necessary were made and the draft Plan was submitted to the Chief Justice on 2066/3/30. Thereafter, a meeting of the Full Court held on 2066/3/31 decided to implement the Plan which was deemed to be effective from 2066/4/1. 1.4 Basic Objective of the Plan The wider objective of the Plan is to construct a judiciary that is competent of executing its obligations vested by the Constitution thereby gaining public trust whereas by end of the Plan period, the principal objective of the Plan is to provide reforms in the proceedings of the judiciary that can be widely experienced. The following objectives have been incorporated in the Plan. • To review the first strategic plan of the Nepali judiciary and to give continuity to the process of planned reform, • To analyze the existing resources of the judiciary and its work and to identify its responsibility and challenges in the changed context, • To determine strategic interventions in order to face the responsibility and challenges identified and to prepare an implementation plan and necessary budget thereof. 1.5 Methodology The features of the strategic plan are based on the path determined by the first Plan and the midterm review. As to whether or not subject matters determined by the first Plan are relevant, as to whether or it would be appropriate to provide continuity to those subject matters and provided it is not deemed relevant to provide continuity what need to be done were issues that were focused during formulation of the strategic plan. Situation analysis, identification of the vision, mission, values, core functions, result indicators and strategic interventions for the judiciary were determined. 4 Detailed description of regional consultation meetings have been provided in Annex 6 6
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 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: listing achievements obtained from
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
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Furniture and other Equipments Curr
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The demonstrations made in the cour
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Although, the judiciary is directly
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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
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Chapter Five Core Functions Pursuan
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Chapter Six Projection of Strategic
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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
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4.2 Manage vehicles, machinery and
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To update website and enhance the l
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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
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11.4 To strengthen services provide
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Chapter Nine Budget Projection 109
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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
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6 Tribunals Rs. 200,000 1 x 1 4 Tri
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Cost included in SI 5 h To establis
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7.2 To manage and strengthen securi
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SI 9 To institutionalize research r
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SI 10 To strengthen institutional r
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To disseminate information so as to
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Periodic evaluation/review of imple
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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
Page 202 and 203:
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
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3. Plan Formulation Consultation Pr
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D. Joint consultation meeting betwe
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2. District Courts S. No. Name of C
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Values Allegiance to the Constituti
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The Nepali Judiciary - Supreme Court Of Nepal

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