The Nepali Judiciary - Supreme Court Of Nepal

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and to frame necessary policies. 68 The recommendations made by the Committee had been presented for discussions among experts in this subject and with the Bar Association and based on the feedbacks received amendments have been made in the Court Rules of the Supreme Court, 69 Appellate Court, 70 and District Court 71 the three tiers of the court thereby creating space for mediation where disputes could be settled through mutual agreements of the parties. Currently, a Mediation Operating Guidelines has been issued for all level of courts. 72 A consultation meeting on the Mediation Bill drafted by Ministry of Law, Justice and Constituent Assembly Affairs has been organized with the concerned stakeholders and has been submitted to the concerned Ministry. A Mediation Committee at the central level has been established at the Supreme Court. 73 The Committee is headed by a justice of the Supreme Court and the committee is involved in framing necessary policies regarding institutionalization of mediation process, establishment of mediation centers, and dissemination of mediation process among court users. Training need assessment for judges, officers and assistant employees is being carried out by the National Judicial Academy. 74 Reform of the Judiciary Program and Access to Justice Program is being carried out with the assistance of The Asia Foundation and UNDP. Likewise, USAID/ARD through its Rule of Law Program has been providing training on capacity enhancement of judges, court personnel and legal professionals. Similarly, the Mediation Committee with support from USAID and The Asia Foundation and technical support from Center for Legal Research and Resource Development (CeLRRd) has been framing training curriculum 75 for potential mediators. Mediation centers have been established at the Supreme Court, Appellate Court Patan and Ilam and in the District Courts of Kavrepalanchowk, Dolakha, Lalitpur, Kaski and Ilam. 3.3.12 To improve the security situation in the courts and for judges, court employees and court users The Plan proposed to constitute a committee to review the security situation of the courts, study past reports on security and evaluate present situation, develop guidelines regarding security of judges, employees and court users and to implement the same, to develop guidelines regarding security of courts and to constitute a security committee in each court for implementation of this guidelines. The mid-term review proposed for development of extensive security plan, extend social security, review of security risks, strengthen the roles and responsibilities of the concerned officers and to draft security policy for within and outside the courts and for residence of the judges and to implement the same. 68 Honorable Justice Khil Raj Regmi, Supreme Court headed this Committee. 69 Rule 2 of Supreme Court Regulation, 2049 contains the definition, Rule 13 (d) (2) prescribes for provisions relating to Mediation Committee and Rule 65 (b) to 65 (k) prescribes procedures relating to mediation. 70 Rule 2 of Appellate Court Regulation, 2048 contains the definition, Rule 53 (b) to 53(o) prescribes additional rules regarding mediation 71 Rule 2 of District Court Regulation, 2052contains the definition, Rule 32 (a) to 33(l) prescribes procedures relating to mediation 72 Mediation Operating Guidelines for the Supreme Court, Appellate Court and District Court had been issued by the Full Court of the Supreme Court on 2063 B.S. by exercising the right under Rule 65 (k) of Supreme Court Regulation, 2049 and Section 30 of the Judicial Administration Act, 2048 73 This Committee has been constituted pursuant to Section 13 (d) (2) of the Supreme Court Regulation, 2049 and the office of this Committee is located at the Supreme Court 74 National Judicial Academy has been providing training to all judges and officers and pursuant to the decision of the Plan Implementation Committee dated 2065/1/13, training need identification is being carried out. 75 Curriculum had been designed pursuant to the decision made by the Mediation Committee on 2065/3/6 37
Accordingly a Committee 76 headed by a Supreme Court justice was constituted to prepare a report on matters such as the security of the court, judges, other officers/staff as well as court users. This Committee inter alia recommended for providing security for court buildings, documents and case files, court users, legal professionals and government attorneys. The Committee also recommended for additional security as recommended by O & M Committee for the security of the court and bench and for the creation of the post of Marshal. It also recommended for the creation of Judicial Police in the court in order to effectively implement court decisions. During the process of implementing the recommendations, entrance to the court has been regularized, security of the benches have been increased. Private security has been provided to all the justices of the Supreme Court and to the Chief Judges of the Appellate Courts and to all the judges working in areas deemed to be sensitive in terms of security. With regards to security measures to be adopted for security of buildings, a standard for construction of building has been formalized wherein buildings are constructed pursuant to the prescribed standard. For the protection of victims and witnesses, reforms have been undertaken in some laws. The Supreme Court through its judicial decisions 77 has directed the Legislative-Parliament to draft laws in consultation with the concerned stakeholders and experts regarding the privacy of minors who are a party to rape cases and HIG/AIDS victims and in the absence of such laws, the order has issued guidelines for maintaining the privacy of such persons. Likewise, a Committee 78 headed by Supreme Court justice was constituted to prepare a report on matters security of courts, judges, employees and other users and to develop an extensive security system. The Committee’s work is in its final stage. In order to regulate matters relating to security, a security committee has been established at the Supreme Court. 79 This Committee manages policies regarding security of judges, employees and court users and also monitors and evaluates the security management of the court. 3.3.13 To develop scientific central archive system The Plan proposed to constitute a Committee for the development of archiving system and also proposed to review the existing problems, laws and institutional mechanism relating to the archiving system, develop a policy on the creation of a scientific central archiving system and to bring out legal framework and guidelines and implement the same and to electronically manage the data and develop the computer system in the courts. The mid-term review carried out reviews on some of the activities and proposed for constitution of a Committee (two level mechanisms) for development of archive plan, development of rules for archiving, filing of records, disposal, and protection of records and also proposed for constitution of a separate central archiving unit for the development and implementation of policy related to information technology. Likewise, it also proposed for identification of training need for effective archiving system and subsequent training. A Committee headed by a Supreme Court justice was constituted to identify the problems in the archiving system and advance recommendation and suggestions. 80 The Committee recommended 76 Honorable Justice Badri Kumar Basnet, Supreme Court was the Coordinator of this Committee 77 Writ No. 3561/063, Sapana Malla vs. GoN, Prime Minister and Cabinet Secretariat et.al. Order date 2064/9/10/3 78 Honorable Justice Balram K.C., Supreme Court headed this Committee which was constituted on 2065/9/3 79 Provision of Security Committee has been made pursuant to Rule 13 (e) of the Supreme Court Regulatio, 2049 80 Honorable Justice Rajendra Kumar Bhandari, Supreme Court headed this Committee 38
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 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: 3.3.10 To strengthen the investigat
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
Page 79 and 80: Although, the judiciary is directly
Page 81 and 82: egularly updated; area of mediation
Page 83 and 84: facilities provided to summon execu
Page 85 and 86: • Reform activities to be conduct
Page 87 and 88: 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
Page 97 and 98: Chapter Seven Risks and Mitigating
Page 99 and 100: • Provided, the budget and other
Page 102 and 103: Chapter Eight Implementation Plan o
Page 104 and 105: Conduct study on possibility of pub
Page 106 and 107:
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
Page 178 and 179:
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
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
Page 192 and 193:
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
Page 216 and 217:
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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