Legal Development in Nepal

SC withdraws fine………but the question is why?

 

Kantipur today reported this news. It was just a follow up of earlier news. Our blog also highlighted this news and I wrote even an article in this blog supporting the move of Supreme Court. I expressed my displeasure that the fine is so low and in fact, my point was it must have been a higher amount. But kantipur reports that many lawyers, i.e. legal luminary in Nepal critisized the judgement.

The decision to fine the lawyer, the first of its kind in Nepali judiciary, had drawn criticism from the lawyers’ community.

I do not understand why.

may be in response of that criticism, it has been reported now that Supreme Court has decided to withdraw the fine of Rs. 5. It is just an amount of Rs. 5 and may not have that great significance but let’s see the reason of Supreme Court.

“Though the bench concluded it would slap the legal cost on the petitioner as a token of punishment, the petitioner be exempted from the fine as he is a lawyer.”

What does this mean? Is SC saying that there are two classes of people in this country-lawyers and non-lawyers? where lawyers will not and should not be fined for bringing frivolous petitions? Is SC saying that had the petition been filed by any common person, who has not studied law, then, decision to impose Rs. 5 would be justified? If this is so, it is ridiculous. and what about the precedent value of this jusgement? Does this act as stare decisis in future that lawyers will not be fined but common citizens will be. I hope not.

I have nothing personal against the counsel involved in the case but I find SC’s reasons not so pursuasive But still the message is clear that in the future, if you, whether you are lawyer or not, try to abuse the process of law, your petition will deserve the kind of respect it can command-that is outright dismissal and imposition of fine on you.

I hope that the wheels of justice will not face further fabricating petitions in the future after the pronouncement of this judgement.

The Supreme Court has decided to withdraw its February 6 decision to fine lawyer Dhananjaya Khanal for bringing a frivolous writ petition.   While quashing a Public Interest Litigation (PIL) filed by Khanal, Justices Balram KC and Gauri Dhakal had pronounced a fine of Rs 5 on Khanal. However, the judges, in the full text of the verdict of the petition prepared on Sunday, ruled otherwise.  The judges said in the full text verdict, “Though the bench concluded it would slap the legal cost on the petitioner as a token of punishment, the petitioner be exempted from the fine as he is a lawyer.”  However, the bench warned the lawyer not to produce frivolous writ petitions in future.  The decision to fine the lawyer, the first of its kind in Nepali judiciary, had drawn criticism from the lawyers’ community.

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