The Nepali Judiciary - Supreme Court Of Nepal

3.3.10 To strengthen the investigative and disciplinary mechanism within the judicial
system so as to make it more transparent and accountable
The Plan had envisaged to examine the problem of financial irregularities within the judiciary, to
review the existing legal and administrative mechanisms related to disciplinary control and financial
irregularities, to create a focal point at the Supreme Court to interact with the office of the Auditor
General and subordinate courts on financial irregularities, to develop suitable policies and laws
related to the control of financial and administrative irregularities and to establish a complaint
hearing mechanism.
With regards to financial discipline, the Registrar of the Supreme Court has been in contact with
the office of the Auditor General and concerned Bodies and has been providing information about
the courts. There has been a substantial decrease in the arrears of the court which is evident from
the annual reports. The Supreme Court has invited officers of the Comptroller General and office of
the Auditor General and has organized interaction and discussion programs with the account
officers of its courts and subordinate courts.
The mid-term review had reviewed some of the activities and had envisaged activities such as
framing of financial standard for the regular work of the courts (such as purchase of stationary and
other articles), initiation of officer oriented system, and establishment and implementation of a
high-level complaint hearing mechanism in all the courts under the conveinorship of the judges of
the respective courts.
In this regard and in particular with regards to purchase of goods, internal standards not contrary to
the Act Relating to Financial Procedure and Regulation have been formulated and implemented.
Effective mechanisms for complaint hearing have been in place. A hot line has been established
within the Secretariat of the Chief Justice for entertaining complaints. A high-level Directorate
Committee has entrusted the Registrar to develop policy and reform laws for controlling the current
financial irregularities in the courts.
3.3.11 To strengthen mediation and encourage consensus building in the justice system
The Plan proposed developing and extending mediation processes in resolving disputes sub-judice
before the courts. Likewise the Plan had proposed reviewing the legal provisions on compromise,
mediation and consensus building, exploring areas which could be taken for conciliation, mediation
and consensus building, developing a legal framework for institutionalizing conciliation and
mediation and identifying training needs of the judicial personnel on mediation and consensus
building.
During the process of mid-term review of the Plan, the mid-term review proposed strengthening the
mediation process and encouraging the consensus building process. Likewise, it also proposed for
framing of laws for institutionalization of mediation and consensus building process, formulation of
laws and development and implementation of directives and guidelines, appropriation of resources
and facilities for institutionalization of this process, identification of training needs and capacity
development, mainstreaming capacity enhancement with training programs and evaluation of its
effectiveness.
With regards to implementation of these activities, capacity building exercise is being undertaken
by the Supreme Court as well as the National Judicial Academy. A committee has been constituted
to undertake a study on issues to be included in the regulation of the courts regarding mediation
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