The Nepali Judiciary - Supreme Court Of Nepal

Chapter Seven
Risks and Mitigating Measures
The target and objectives projected by the Strategic Plan can only be obtained from the successful
implementation of the predetermined activities and from the results expected from such
implementation. Various circumstances and environment created within the judiciary and by
external parties can create encumbrance to the successful implementation of the Plan. Such risks
may be encountered at the implementation level, which may directly and indirectly have an impact
on the execution of the Plan wherein expected results may not be achieved. In this regard, the
possible risks presumed by the Strategic Plan and the mitigating measures to be adopted are as
such:
1. It is presumed that the logistics projected by this Strategic Plan will be easily available.
Provided, the budget proposed by the Plan and other executive assistance is not obtained by
the government, the Plan will not be able to achieve the targeted results.
2. In order to bring reforms in the judicial proceedings many laws need to be reviewed and
amended and there is a need to draft new Act and Regulations. In order to achieve the
results determined by the Plan, reform in the Act and laws plays an important role. However,
the judiciary cannot solely review the Act and laws and for this the Executive and the
Legislative has an important role to play. Provided, these bodies do not provide any
assistance in reviewing and reforming the Act and laws or do not perform any work in this
regard or provided this does not become a prioritized sector, then the desired results cannot
be achieved only the single effort of the judiciary.
3. The Plan envisages fulfillment of the required manpower on a regular basis in order to
provide the judiciary to function to full capacity. Provided, the manpower according to the
quota is not fulfilled in time and provided posts remain vacant for a long period, the Plan shall
not be able to achieve the targeted results.
4. Pursuant to the prescribed quota of judges, the judges can perform their task wherein results
envisaged by the Plan can be achieved. For this vacant posts of judges must be fulfilled in
time. Provided, the post of the judge is not fulfilled in time or provided judges are transferred
causing adverse effect to the disposal of cases, then this could have a direct impact in
disposal of cases which will have an impact in other managerial proceedings of the court.
5. Social and political activities such as social insecurity, bandhs, strikes, conflicts and
demonstrations may cause encumbrance to performance of judicial work and as such these
activities may also directly affect the activities projected by the Plan.
6. Results envisaged by the Plan can only achieved through the coordination and cooperation
with the stakeholders. It is necessary to identify common grounds for assistance and
cooperation in the plans of such organizations. On the one hand it is necessary for the
judiciary to inform the stakeholders about its Plan whereas on the other it is equally important
for them to assist the judiciary in implementing the Plan. Provided, any complexity arises in
the coordination with stakeholders of the justice sector resulting in non-cooperation, then the
objective determined by the Plan may not be achieved.
7. This Plan has been drafted on the basis of the current feature, infrastructure and procedure
of the judiciary. Provided, the feature and governance of the country transforms and provided
the infrastructure of the judiciary is amended then the Plan should also be reformed pursuant
to the prevailing conditions.
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