The Nepali Judiciary - Supreme Court Of Nepal

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Chapter Four Situation Analysis 4.1 Background During the initial drafting of the first Plan, a situation analysis of the judiciary had been undertaken on the basis of the analysis the Plan was drafted. The analysis identified 10 principal issues that needed to be addressed immediately by the judiciary and for this purpose 16 strategic interventions were identified. 99 With the expiry of the implementation period of the first Plan of the judiciary and by time of preparing the second Plan, some of the issues analyzed by the Plan are still very much relevant. During this period, the country witnessed constitutional changes and changes in the economic and social sectors. These changes have undoubtedly brought some changes in the working environment of the judiciary. Besides this, the implementation of the first Plan has brought about some changes in the working system of the judiciary and has also brought changes in its manpower and logistics. This has already been discussed in Chapter Three. From the analysis, although it can be observed that the judiciary could not achieve its desired objective, there have been some progress with regards to the strategic interventions and it can be observed that progress has been made in terms of physical infrastructure, human resources, information technology and in areas of research. In this regard, it would not be appropriate to analyze the resources available to the judiciary with the past Plan but rather it would be more appropriate to analyze this with the potential challenges that the judiciary may face in the days to come. Therefore, this Chapter recognizes the principal issues identified by the first Plan and in the changed context, this Chapter analyzes the following issues on the basis of its priority. • Reform in case management • Effectiveness in execution of decision • Capacity development of human resources • Development of physical infrastructure • Application of information technology • Result oriented inspection and supervision • Reform in security situation • Promotion of judicial independence and promotion of accountability • Legal reform and research • Effective coordination with stakeholders • Access to justice and increase of public trust in the judiciary 4.1.1 Reform in case management The target set with regards to disposal of cases by the first Plan and the result achieved therein has already been analyzed above. During the Plan period, the rates of disposal of cases in comparison to new registration by all level of the courts are provided herein below: 99 During the mid-term review some of the strategic interventions were added and integrated and currently the Plan has 21 strategic interventions 47
Particulars TABLE: 15 Case Disposal Rate Per Judges 48 Supreme Court Average of Four Years Appellate Courts District Courts New Registration 5,696 10,853 32,836 New case per Judge 271 129 261 Total disposal 6,900 10,933 31,167 Number of disposal per Judge 327 100 130 101 248 Ratio of disposal in comparison to new registration 121 101 95 Total number including pending balance 21,144 20,534 61,945 Number of cases per judge in comparison to total cases 933 254 494 Average disposal of five Judges disposing majority of cases 482 102 290 103 510 The above table shows that in comparison to new registration, the Supreme Court has been capable of disposing additional 21% of the cases. In comparison to new registration although it can be observed that all the Appellate Courts have been able to dispose 81.8% of the cases in the fourth year, it can be drawn that the courts have been capable in disposing an average of 10.1% of the cases only. With regards to the District Court, the District Courts have been able to dispose 79.3% and 89.4% of the case in comparison to new registration during the second and fourth year which is very low whereas during the first and third year the District Court has been able to dispose 106.2% and 104.1% which is higher than the rate of registration and in general the court has been able to dispose 95% of the case in comparison to its new registration. From above it can be drawn that under the current infrastructure and environment, the Supreme Court, Appellate Court and the District Courts are competent in disposing cases with regards to new registration and this is evident from the data available. For example, for the past four years the rate of disposal per judge for all the judges of the Supreme Court was 341, 327, 287 and 311. In other words the average disposal was 327, whereas the highest average disposal rate during those years by five judges reads as 482 cases per judge. From this data it is evident that under the current infrastructure provided all the benches were to dispose the cases equivalent to the average number of cases disposed by the five judges, the pending balance of cases could be reduced by two third. Likewise, the Appellate Courts have been successful in disposing cases in comparison to new registration. 100 Number of disposal of cases by judge of the Supreme Court and Appellate Court has been based on Division Bench, this number is two times greater than the number based on a single judge 101 ibid 102 ibid 103 ibid
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Second Five-Year Strategic Plan of
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Supreme Court Full Court Under the
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Introduction The process of planned
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Drafting of Plan in itself is not a
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Executive Summary 1.1 Preliminary W
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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 and 56: 3.3.10 To strengthen the investigat
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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 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
Page 108 and 109: 2.6 Implementation and monitoring o
Page 110 and 111: 3.4 Capacity enhancement of human r
Page 112 and 113: Annual and periodical conferences
Page 114 and 115: 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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