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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• First Plan was drafted at the central level wherein satisfactory implementation of the Plan<br />
could not be noticed at the District <strong>Court</strong> levels. <strong>The</strong> second Plan proposes every court to<br />
formulate their own Plan and as such it is necessary to transfer necessary skills.<br />
• Success of the Plan depends upon the commitment from the leadership and ownership by<br />
judges, employees and active participation of other stakeholders and therefore, formulation<br />
of the Plan should be participatory.<br />
• It is essential to establish an effective mechanism for implementation of the Plan at each<br />
level.<br />
• Core functions and implementation plan of strategic interventions should be subjective.<br />
• Since, the current practice of monitoring evaluation is not effective and therefore, in order to<br />
bring expected reform in the judicial proceedings monitoring evaluation must with linked<br />
with the work performance of a person and career development.<br />
• Provided, the judicial proceedings, difficulties faced by judiciary, and achievements<br />
obtained by the judiciary is disseminated to the general public this would assist in<br />
increasing public trust on the judiciary and would create ownership towards the judiciary<br />
and therefore, there should be planned campaign in raising awareness among citizens.<br />
• Accusation of irregularities, delay and corruption has an adverse affect on the judiciary and<br />
as such these issues should be taken into consideration while formulating the Plan.<br />
• <strong>The</strong> current legal structure is incomplete and is not justice oriented and as such is not<br />
effective and therefore, legal reform should be prioritized in the Plan.<br />
• It is necessary to mainstream the activities and proceedings of the Special <strong>Court</strong> and<br />
tribunals constituted pursuant to the Constitution under the Strategic Plan of the judiciary.<br />
• Positive role of lawyers is essential in judicial process and therefore it is important to<br />
regularize the lawyers.<br />
• 16 strategic interventions were identified by the first Plan and during the mid-term review 21<br />
strategic interventions were identified. Taking into consideration the successful<br />
implementation of the Plan, strategic steps should be reduced.<br />
• One of the grave problems vexing the court is case management. On the one hand the<br />
judiciary has not been able to develop a scientific procedure for management whereas on<br />
the other case management is not within the control of the court. Since, expected<br />
cooperation has not been obtained from the external actors the judiciary has not achieved<br />
success in adjudication and execution of judgment. <strong>The</strong>re are problems ranging from<br />
judgment writing to record management. <strong>The</strong>refore, it is necessary that the Plan takes this<br />
issue into consideration.<br />
• Work load in all the courts are not uniform. Logistics should be provided on the basis of<br />
work load. Special campaigns should be initiated to reduce the arrears in courts having<br />
more than 2,000 cases and provided arrears can be reduced this will send a positive<br />
message to the people. Taking into consideration the failure to execute judgments, clear<br />
strategic interventions and appropriate steps needs to be developed.<br />
• Success of the Plan depends upon the active participation of manpower involved in the<br />
judiciary and also depends upon their motivation and capacity enhancement. In order to<br />
remove the general apathy in the judiciary, development of human resources should be<br />
prioritized.<br />
• Development of physical infrastructure and proper management of logistics is another<br />
important strategic issue. During the period of the first Plan, important achievements have<br />
been made in developing infrastructure and acquiring logistics. Preserving those<br />
achievements it is necessary to develop additional infrastructure for the courts and units<br />
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