The Nepali Judiciary - Supreme Court Of Nepal
The Nepali Judiciary - Supreme Court Of Nepal
The Nepali Judiciary - Supreme Court Of Nepal
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odies for procurement of case files. Without cooperation from these sectors it would not be<br />
possible to decide a case within the prescribed period. It is necessary to seek cooperation and<br />
coordination from the lawyers for time management during case hearings and to effectively<br />
implement rules regarding postponement of hearings. Provided, immediate steps are taken in<br />
these sectors, the judiciary will not be able to decide the cases pursuant to the time period set by<br />
the plan.<br />
4.1.2 Effectiveness in execution of decision<br />
From the analysis made in the previous Chapter, the level of execution of decisions of the court<br />
has not been satisfactory. Current infrastructure, procedure and logistical support have been the<br />
principal factor for not achieving the desired result. Without addressing these factors,<br />
improvements cannot be made in the area of execution of decision by making only bringing<br />
internal reform programs for the judiciary. Suggestions and recommendations made by the<br />
National Judicial Academy with regards to their research on execution of decisions are deemed<br />
very important in bring reforms to this sector. On the basis of the suggestions made by the report<br />
and pursuant to the decision made by the Plan Implementation Committee, a study on<br />
establishment of a Directorate was carried out wherein a Directorate has been established through<br />
an administrative decision. It is deemed necessary to enhance and strengthen the institutional<br />
capacity of the Directorate and the Decision Execution Unit and to update the data and information<br />
regarding execution of decision and to make effectively implement the same.<br />
Status of recovery of sentences and fines is very unsatisfactory. <strong>The</strong> system of maintaining the<br />
records of sentences and fines is not scientific and practical. <strong>The</strong>re is no effective mechanism for<br />
the revenue recovery unit. <strong>The</strong> record of sentence and fine is on the rise every year. Failure to<br />
recover the sentence and fines levied through the decision of the courts has created an<br />
atmosphere of distrust towards the judiciary. <strong>The</strong> first Plan was not able to include the area<br />
regarding recovery of sentence and fine but it is imperative that this Plan should deem it important<br />
and prioritize the area regarding recovery of sentence and fine. Likewise, this Plan should also<br />
take into consideration the management of articles relating to cases and matters regarding<br />
implementation of orders and directives issued by the <strong>Supreme</strong> <strong>Court</strong>.<br />
4.1.3 Capacity development of human resources<br />
<strong>The</strong> following posts are currently available in the <strong>Supreme</strong> <strong>Court</strong>, Appellate <strong>Court</strong>, District<br />
<strong>Court</strong> and other courts and tribunals. 104<br />
TABLE: 17<br />
<strong>Court</strong> Judge Gazetted <strong>Of</strong>ficers Non-Gazetted <strong>Of</strong>ficers Subordinate Staff Total<br />
<strong>Supreme</strong> <strong>Court</strong> 25 94 103 153 475<br />
Appellate <strong>Court</strong>s 104 140 272 424 940<br />
District <strong>Court</strong>s 135 99 1,670 931 2,835<br />
Total 264 333 2,045 1,508 4,150<br />
Other <strong>Court</strong>s & Tribunals 9 18 71 90 188<br />
Total 273 351 2,116 1,598 4,338<br />
104<br />
<strong>Supreme</strong> <strong>Court</strong> – 1, Appellate <strong>Court</strong> – 16, District <strong>Court</strong> – 75, Special <strong>Court</strong> – 1, Revenue Tribunal – 4, Labor <strong>Court</strong><br />
– 1, Administrative <strong>Court</strong> – 1 Debt Recovery Appellate Tribunal – 1 and Debt Recovery Tribunal - 1<br />
51