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 possible to decide a case within the prescribed period. It is necessary to seek cooperation and coordination from the lawyers for time management during case hearings and to effectively implement rules regarding postponement of hearings. Provided, immediate steps are taken in these sectors, the judiciary will not be able to decide the cases pursuant to the time period set by the plan. 4.1.2 Effectiveness in execution of decision From the analysis made in the previous Chapter, the level of execution of decisions of the court has not been satisfactory. Current infrastructure, procedure and logistical support have been the principal factor for not achieving the desired result. Without addressing these factors, improvements cannot be made in the area of execution of decision by making only bringing internal reform programs for the judiciary. Suggestions and recommendations made by the National Judicial Academy with regards to their research on execution of decisions are deemed very important in bring reforms to this sector. On the basis of the suggestions made by the report and pursuant to the decision made by the Plan Implementation Committee, a study on establishment of a Directorate was carried out wherein a Directorate has been established through an administrative decision. It is deemed necessary to enhance and strengthen the institutional capacity of the Directorate and the Decision Execution Unit and to update the data and information regarding execution of decision and to make effectively implement the same. Status of recovery of sentences and fines is very unsatisfactory. The system of maintaining the records of sentences and fines is not scientific and practical. There is no effective mechanism for the revenue recovery unit. The record of sentence and fine is on the rise every year. Failure to recover the sentence and fines levied through the decision of the courts has created an atmosphere of distrust towards the judiciary. The first Plan was not able to include the area regarding recovery of sentence and fine but it is imperative that this Plan should deem it important and prioritize the area regarding recovery of sentence and fine. Likewise, this Plan should also take into consideration the management of articles relating to cases and matters regarding implementation of orders and directives issued by the Supreme Court. 4.1.3 Capacity development of human resources The following posts are currently available in the Supreme Court, Appellate Court, District Court and other courts and tribunals. 104 TABLE: 17 Court Judge Gazetted Officers Non-Gazetted Officers Subordinate Staff Total Supreme Court 25 94 103 153 475 Appellate Courts 104 140 272 424 940 District Courts 135 99 1,670 931 2,835 Total 264 333 2,045 1,508 4,150 Other Courts & Tribunals 9 18 71 90 188 Total 273 351 2,116 1,598 4,338 104 Supreme Court – 1, Appellate Court – 16, District Court – 75, Special Court – 1, Revenue Tribunal – 4, Labor Court – 1, Administrative Court – 1 Debt Recovery Appellate Tribunal – 1 and Debt Recovery Tribunal - 1 51
Currently under the various levels of courts there are 264 judges, 333 gazetted officers, 2045 employees directly involved in legal works and 1508 employees involved as assistant wherein the total number of employees stands at 4150. In other courts and tribunals there are 9 judges, 18 officers, 71 employees directly involved in legal works and 90 employees involved as assistant wherein the total number employees stands at 188. The judiciary has a total of 4338 quotas. Organization and Management survey report prescribes for reducing some of the posts and also recommends for addition of the following posts. 105 Courts TABLE: 18 Human Resource Position Proposed by the O & M Survey Report Current total no. of quota Additional no. of quota 52 No. of quota to be deducted Total quota to be added upon integration and & deduction Proposed no. of quota Supreme Court 346 279 24 255 601 Appellate Courts 924 312 67 245 1,169 District Courts 3,030 772 473 299 3,329 Judicial Council/Judicial Service Commission 18 19 - 19 37 Special Court 45 - - - 45 Labor Court 13 17 2 15 28 Administrative Court 18 6 - 6 24 Revenue Tribunals 47 29 - 29 76 Total 4,441 1,434 566 868 5,309 Pursuant to the recommendation made by the O & M survey altogether 838 quotas has been added. 36 quotas for officers have been included and from among the 36 quotas, 33 quotas have been fulfilled for the Supreme Court and 3 for the Revenue Tribunal. Other proposed quotas have not been able to be integrated. From among the 223 judges working in all the three tiers of the court, 26 of them have passed Diploma in Law, 93 have passed diploma in other subjects, 102 have passed diploma and two judges have acquired PhD. With the establishment of the National Judicial Council, judges have been able to take training in various subject matters. During the project period, altogether 28 employees have received study leave. 67 employees have through study leaves and through their own personal effort have acquired diploma in law. 106 Such trainings and study will definitely take a 105 O & M Survey Report, 2062, page 69-70 106 During the Plan period, more than 100 officers have received in-service training. 123 judges and officers have received Training for Trainers training. Likewise, 128 judges and employees have received training regarding commercial law and 972 assistant employees have participated in orientation programs. Similarly, 125 have received basic computer training, 28 have received specialized training and 8 have received training on information technology. In addition to this 107 employees have received training on land survey and 25 of the employees have participated in land surveyor training. Likewise, 219 have received training on mediation and all Bench officers have received orientation on various issues. Similarly, 53 judges and employees have received training on Copy Right Act and 204 judges and employees have received training on gender sensitization and orientation programs for revenue collector has been conducted on a phase-wise basis. Source: Implementation of the Strategic Plan and Achievements made by the Judiciary, Supreme Court, page 26-31
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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
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thereof. In the process of managing
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provided to court users. Similarly,
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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
Page 57 and 58: Accordingly a Committee 76 headed b
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: yearly arrears is satisfactory, the
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
Page 116 and 117: To update website and enhance the l
Page 118 and 119: 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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The Nepali Judiciary - Supreme Court Of Nepal

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