The Nepali Judiciary - Supreme Court Of Nepal

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Supreme Court Full Court Under the Chairmanship of Right Honorable Chief Justice and in the presence of the following justices of the Supreme Court, a meeting of the Full Court was held on 2066/3/31 wherein the following decision was taken. Presence: 1. Right Honorable Chief Justice Min Bahadur Rayamajhi 2. Honorable Justice Anup Raj Sharma 3. Honorable Justice Ram Prasad Shrestha 4. Honorable Justice Khil Raj Regmi 5. Honorable Justice Balram K.C. 6. Honorable Justice Top Bahadur Magar 7. Honorable Justice Damodar Prasad Sharma 8. Honorable Justice Ram Prasad Shah 9. Honorable Justice Kalyan Shrestha 10. Honorable Justice Gauri Dhakal 11. Honorable Justice Taheer Ali Ansari 12. Honorable Justice Rajendra Prasaad Koirala 13. Honorable Justice Krishna Prasad Upadhya 14. Honorable Justice Prem Sharma 15. Honorable Justice Ran Bahadur Bam 16. Honorable Justice Mohan Prakash Sitaula 17. Honorable Justice Awadesh Kumar Yadav 18. Honorable Justice Girish Chandra Lal 19. Honorable Justice Sushila Karki 20. Honorable Justice Prakash Chandra Sharma Wasti 21. Honorable Justice Bharat Raj Upreti Decision No. 1 For a planned development of the judiciary, a draft of the Second Five-Year Strategic Plan of the Nepali Judiciary for the year 2009/10-2013/14 was submitted by the Plan Formulation Committee wherein the draft Plan was studied and discussed. For the purpose of effectively implementing the objectives, policies and programs of the Strategic Plan, the Full Court decided to implement the Strategic Plan effective from Shrawan 1, 2066. A
Supreme Court, Nepal Preface B Min Bahadur Rayamajhi Chief Justice With the expiry of the execution of the First Five-Year Plan of the Nepali Judiciary, a Second Fiver-Year Strategic Plan for the year 2009/10-2013/14 has been formulated and it gives me immense pleasure to state that the Second Five-Year Plan is in the process of being published for the purpose of its implementation. For the purpose of bringing about reforms in the judiciary, the strategic plan in itself is a novel practice. Although, the vision, mission and values envisaged by the strategic plan for the judiciary are generally static in nature, it is but natural for the judiciary to adapt itself pursuant to the changing context and as such the responsibilities and its subsequent activities and strategies to be applied need to be amended as per the prevailing circumstances. I have found that the Second Five-Year Strategic Plan has been able to address those changes. The Plan is a document directed towards reformation of the judiciary. I would like to emphasis that each level of the judiciary and units shall taken on the responsibility and shall formulate their individual work plans and shall work towards attaining the objectives envisaged by the Plan. All our activities should now be focused on the effective execution of the Plan. The First Five-Year Strategic Plan of the judiciary was a first attempt of the judiciary and the lacunas and weaknesses that were experienced during its execution should not be experienced during the execution of the second Plan. The achievements derived from the execution of the first Plan should be institutionalized and with our previous experience, we should be able to identify the path for effective execution of the second Plan. The touchstone of successful execution of the Plan is the satisfaction of the court users. We should endeavor towards creating an environment that guarantees satisfaction to the court users. The principal objective of the judiciary is to generate public trust upon the judiciary. For the promotion of public trust upon the judiciary, the Plan should address the expectations of the court users and for this purpose the judiciary through its Plan has brought forward reform activities. Nevertheless, it is not possible for the court to single handedly implement the Plan and in this regard the Plan expects creative cooperation from the principal organs of the State vis-à-vis the Executive, Legislative, other units of the State, investigation and prosecution party, legal professionals, civil society, court users and other relevant stakeholders. In order to enhance ownership towards the Plan, participation of relevant stakeholders were made during the formulation of the Plan and I am confident that all parties shall provide assistance towards the execution of the Plan. This journey towards a planned development will not only make us committed towards our campaigns of judicial reform but the Plan has also prescribed the standard for retrospection. Therefore, this journey should not be stopped and being influenced by the principle that this should receive continuity, the Second Plan has been formulated prior to the expiry of the period of the first Plan. Human resources of the judiciary have been used in preparation of the second Plan. The development of enhanced human resources within the judiciary in the preparation of the Plan is a matter of pride for all of us. I am confident that the human resources within the judiciary and the concerned stakeholders shall from their respective sectors remain committed towards the successful implementation of the Plan and I would like to convey my gratitude to all the honorable justices and staff who were involved in the formulation of the Strategic Plan and I wish the Plan all success. ......................................... Min Bahadur Rayamajhi Supreme Court Chief Justice Shrawan 2066 Ramshah Path, Kathmandu, Nepal, Telephone No. 977-1-4262546, Fax No: 977-1-4216864,Post Box No. 20438 Baluwatar (Residence) 977-1-4410363
Page 1 and 2: Second Five-Year Strategic Plan of
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 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
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een provided for outstanding court
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3.3.10 To strengthen the investigat
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Accordingly a Committee 76 headed b
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and data retrieval has been introdu
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In order to effectively implement t
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Chapter IV Situation Analysis 45
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Particulars TABLE: 15 Case Disposal
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yearly arrears is satisfactory, the
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Currently under the various levels
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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
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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
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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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