Legal Development in Nepal

About Blog and Blog Author

These days, I am not much able to track all the news about Legal Development in Nepal. With the coming Election, most of the time, I have kept myself busy in updating recent events related to Election and lack of time has hampered me to update this blog constantly. Though the enthusiasm with which I have started this blog has not disappeared, I must confess that I will not be updating this blog with all the legal news now onwards. What I intend to do nowonwards is to update the blog with most important legal news and instead of copying and pasting news from Various sources, I try to give my views more often which does not mean that I will not be collecting news from various sources.

I will collect many news from various sources which are related to legal development in Nepal but will be bit selective to publish them here. It gives me to do some other works as I am pursuing to work on Constitutional matters related to New going to be Constitution in Nepal and allows me to work on some issues of IPR.

I will elaborate on these issues when time comes and will present you some of my works when they are ready.

Keep on visiting!!!!!!!!

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OHCHR on Human Rights

Here is a report from Kantipur where OHCHR has called for respect of human Rights in Nepal.
The UN Office of the High Commissioner for Human Rights (OHCHR) has said the existing climate of impunity in Nepal must be transformed into a culture of accountability to bring successful transition to durable peace and development.
In a report, due to be submitted to the UN Human Rights Council on Thursday, High Commissioner Louise Arbour has said, “Political will, lacking until now, is essential for such change.”

Arbour in the report further said the state has its obligation to protect the rights of the population to life, liberty and security.

“A coherent program to strengthen and reform security forces is urgently needed. Law enforcement agencies have a special role to play in ensuring the creation of a climate for

elections that are free of fear and intimidation,” the report said.

It said the peace process, including elections, provides a historic opportunity to create a fully inclusive and democratic state.

The report points out that progress toward strengthening national human rights system has been made through appointment of commissioners to the National Human Rights Commission (NHRC), the signing or ratification of several international human rights instruments and promulgation of regulations providing quotas for marginalized groups and women.

“However, respect for and the protection of human rights came under increasing pressure in 2007 as a result of delays in implementing the Comprehensive Peace Agreement (CPA), together with a worsening security situation in the Terai, resulting in increased violence,” the report states.

OHCHR-Nepal Representative Richard Bennett, said his office is ready to provide all necessary support and technical assistance to achieve necessary progress.

“Strengthening the national human rights system, including support for NHRC and national institutions, will be an essential component of the Office’s strategy to support the process of change in Nepal,” Bennett said.

UNMIN stresses on impartial law enforcement

Kantipur reports here that UNMIN has stressed on the impartial law enforcement. The news is slightly long and You can read it here:
Ian Martin, chief of United Nations Mission in Nepal (UNMIN), has expressed his view about the ongoing preparations for the Constituent Assembly (CA) polls slated for April 10 and stated his concern to establish impartial law enforcement across the country. He also suggested six high priority areas for the credibility of the CA polls, reiterated UN’s commitment to ‘assist’ the country in creating a favourable environment for the polls and expressed his support for economic and social change for a democratic transition of Nepal.
UNMIN chief Martin in a statement at the Nepal Donor Consultation Meeting at the Ministry of Finance Thursday expressed concern of the international community for the success of the ongoing peace process.

“On each occasion when I go to United Nations Headquarters to report to the Security Council on the progress of Nepal’s peace process and the support to it of the UN, I am reminded what a strong and unanimous consensus there is within the international community wanting to see this peace process succeed,” he said, “It’s not a secret that in some conflict and post-conflict situations the international community itself is divided, but Nepal only has friends, and its friends are united in support of its transition.  The world was deeply impressed with the speed with which a Nepalese peace process, a process not mediated by any third party, moved forward in 2006 to end a ten-year armed conflict: the international community wanted, and wants, to support it to the utmost.”

However, he also stated the reasons for the current conflict in view between the ruling parties, concerns over the impartial enforcement of law across the country and the challenge of transforming an armed movement into a political one.

Martin said, “No peace process has ever moved forward smoothly without setbacks, and it would have been naïve in the extreme to expect that this could be the case in Nepal.  In the discussions which led to the 23-point agreement the parties were frank in acknowledging weaknesses of implementation.  Deadlines set within the process were often unrealistic, and failures to fulfill commitments opened up mistrust between parties.  It has not been easy for a coalition government to take decisions with consensus across seven parties.  A formula has not been found for agreement on re-establishing multiparty local government bodies.”

“It is a major challenge to establish impartial law enforcement across a country which has been torn by conflict.  An armed movement is not instantly transformed into a political party operating according to the norms of a democratic multi-party framework.  And one of the most difficult issues at the end of any armed conflict is how to reach and implement decisions about the future of the combatants,” he added.

“And as if those challenges were not daunting enough, Nepal’s peace process has faced the further challenge of the demand of traditionally marginalised groups that long-standing discrimination should be urgently addressed, and in particular that they must be  fairly represented in the Constituent Assembly which is to shape the future of this highly diverse country, as well as to provide the basis for a government with the broad legitimacy necessary to address the challenges of peace and development,” said Martin stressing the need for the fair inclusion of marginalised groups in the CA polls.

Stressing on the need of social change to go along with political transformation, he said “When these political challenges have presented so many issues requiring short-term management, it is also not easy to maintain the focus on issues of poverty, of service delivery and of long-term development.  These are not UNMIN’s mandate, but they are very much the concern of the UN system as a whole, and I echo all that has been said about the integral relationship between peace and development.  Attention to development is part of the peace process.  A central commitment of the Comprehensive Peace Accord is to adopt a ‘common development concept for economic and social transformation and justice’, as well as to carry out an inclusive democratic and progressive restructuring of the state to address discrimination against marginalized groups.”

He also reiterated UN’s police to only ‘assist’ Nepal in establishing a democratic framework in the country. “The core commitment of the peace process is to provide a democratic framework to address these issues through the election of an inclusive Constituent Assembly, and the core role requested of the United Nations is to ‘assist’ in creating a free, fair climate for that election.  I stress the word ‘assist’, because like everything else in this process success depends on the Nepalese actors themselves, and we are at a critical moment, with the lists of candidates filed yesterday at the same time as important negotiations with Madhesi parties are continuing, and the situation in many parts of the Terai is extremely tense.,” said the UNMIN chief during the meeting.

He also suggested six areas of high priority for the credibility of the upcoming CA polls.

He stressed on the need of a conclusive talks with the agitating Madhesi parties and the need for persuasion of other marginalised groups to go forward with the polls for their concerns to be addressed.

“First, we all hope that the current dialogue with Madhesi parties is successful today or in the very near future, but even if it is, this will by no means be the end of the need for dialogue with marginalized groups, to persuade them despite their reservations that this Constituent Assembly election should go forward and can provide the framework for their concerns to be addressed,” said Martin.

Expressing the dire need for all political parties to respect each other’s election campaigns, he said, “Second, all the parties that are to contest the election should recommit themselves to respect each other’s right to campaign wherever they choose, observing fully this commitment made in successive agreements and required by the Election Code of Conduct.  This can be greatly assisted by independent monitoring, and I urge again the immediate implementation of the commitment to create an independent national monitoring body, which the United Nations will assist with its information.  The government has invited international observers, including the United Nations Electoral Experts Monitoring Team appointed by the Secretary-General: all parties must understand that international observers will speak out against intimidation and irregularities.”

Martin also asked the Seven Party Alliance to work collectively at the national and local level for the management of the peace process. “Third, the Seven-Party Alliance must maintain collective management of the peace process, working together at national and local level, despite the strain which political competition will exert on their cooperation.  They have already formed a High Level Coordination Committee for this purpose, and the Peace Commission is an important further commitment to such collective management.  The formation of new peace process bodies is an opportunity for belated fulfillment of the commitment to include proper representation of women, as well as for a more effective partnership with civil society,” he said.

He pointed out the need for responsible implementation of the commitments to the combatants in the meeting.

Martin said, “Fourth, the commitments in relation to combatants must be implemented responsibly.  The United Nations has long been making preparations to assist with the discharge of minors and others disqualified by UNMIN’s verification:  we urgently need a framework of practical cooperation with the government and the Maoist army for this to be implemented effectively.  It is a fundamental commitment that began with the 12-point Understanding that the two armies must stay out of the electoral process, and UNMIN’s arms monitoring will seek to ensure this.  But those who remain in the cantonments must see that their future is being considered in accordance with the Comprehensive Peace Accord commitments to a special committee for this purpose, recently reconstituted, and to an action plan for democratization of the Nepalese Army.”

Martin said that the fate of the victims of the decade long armed conflict should be publicised.

“Fifth, victims of the armed conflict must not be forgotten amid the electoral preparations, whether they are families whose loved ones were killed or disappeared, or displaced persons whose property should be returned.  I believe that development partners are willing to help fulfill commitments to compensation, but victims require not only compensation but truth about the fate of their loved ones.  And justice for violations of human rights is not only a need of victims, but also of a society which needs to assure future security by ending impunity,’ said the UNMIN chief.

Lastly, martin pointed out the need for public security, not only for the CA polls, but also in the daily lives of the general public.

“Sixth, public security is essential not just for a credible election, but for the people of Nepal to carry on their daily lives and build a better future for themselves and their children.  This requires effective policing, but it is not a task for police alone:  it requires cooperation of all democratic forces at the local level, supporting and not impeding impartial law enforcement as well as promoting service delivery,” he said.

Martin also said that the UN would refrain form assisting a future imposed by undemocratic means and was just ‘assisting’ in the runup to the polls so that it could be conducted in a fair manner. He expressed his support  for the Comprehensive Peace accord and a democratic transition to economic and social change in an inclusive Nepal.

Human Rights and Rule of Law

I found two news in Nepalnews. When the country is passing through a grave crisis and possibly the worst conflict scenario, both the topics, I have presented have relevance. The Human Rights is an indispensable concept practiced by “civilized nations” today in the world and Rule of Law assumes signifiance everywhere as the days of tyrants and despots are over. In the rule of person based on their whims, caprices and sweet will, they can do anything they wish. They are not responsible for anything they do and accountability is a foreign word for them. But, when we talk about Rule of law, then,  justice, fairness and equity (the trinity of rule of law) always assumes great signifinace. Both the news below stress on this point-Respect of Human Rights and Rule of Law. The news are based on Reporting of Nepalnews and can be read here and there.

The International Commission of Jurists (ICJ) has drawn attention to the failings of the Maoist “justice system” as it operated during the conflict period and urged the Nepali authorities to address pressing public security concerns and many rule of law issues that have arisen after the parallel system stopped functioning.

“The lack of clarity in the Comprehensive Peace Agreement (CPA) as to which mechanisms were to be put in place to ensure the full implementation of the provisions on dissolving parallel systems has been a major obstacle to bring justice to those people whose cases were pending before Maoist “people’s courts” or who had been victimized under the Maoist system”, said the ICJ in a report published Tuesday.

The Commission further said that even though more than a year has passed since the CPA directed there should be no parallel structures, “no mechanisms or procedures have been put in place to ensure the many cases affected by the functioning of the ‘people’s courts’ are resolved.”

The ICJ report also highlighted mediation as a useful tool to help settle disputes, insisting that all existing and any future systems of mediation should comply with international human rights standards with minimum guarantees for the protection of members of vulnerable groups such as women and dalits.

“Despite obstacles in the process leading to Constituent Assembly elections and a new constitutional framework, it is vital that the rule of law is strengthened at the earliest opportunity. To do that the Government must implement measures in the short-term to provide justice and redress for people affected by the justice vacuum during the conflict,” the ICJ said, adding that particular attention should also be given to the restoration of the rule of law in the Tarai region where the police remain largely absent in rural areas and the work of the courts is often disrupted due to threats to civil servants, including court officials and public prosecutors.

The ICJ is an international non-governmental organisation comprising sixty of the world’s most eminent jurists and has a worldwide network of national sections and affiliated organisations.

Human rights activists and politicians have stressed the need to hold the constituent assembly election to end the culture of impunity, human rights violations and maintain rule of law.

Speaking at a function organised by Informal Sector Service Centre (INSEC), Speaker Subash Nemwang said that a democratic society must be governed by rule of law and urged the agitating groups to allow the proposed state restructuring commission and the constituent assembly to decide on federalism and issue of self-determination.

Political analyst Nilambar Acharya said the state is currently ruled by the seven political parties and not by the laws because of which anarchy, impunity and lawlessness is become rampant.

Human rights activist Shushil Pyakurel and Krishna Pahadi criticised Prime Minister Girija Prasad Koirala for giving negative statement at a time when there is a need to resolve the problems through dialogue.

Pyakurel urged restraint on part of the Madhesi leaders to protect the achievements of last year’s Terai movement and make sure that reactionaries do not infiltrate into their agitation to turn it violent.

Pahadi stressed the need to end politics of ethnicity, religion and regionalism and suggested the parties to work for restoring peace and stability in the country.

President of the National Federation of Indigenous Nationalities (NFIN) Pasang Sherpa asked the government not to make violence as the basis to invite agitating groups for talks.

Constituent Assembly Court Established

Nepalnews reports here that CA Court has been established. In our earlier post, we had told you that CA Court will be headed by Hon’ble justice Anup Raj Sharma of Supreme Court of Nepal.

The cabinet, on Sunday, has formed the Constitutional Court to hear disputes and complaints regarding the election.

The cabinet formed the court as per the recommendation by the Judicial Council.

Anup Raj Sharma, a Supreme Court judge will head the court. The court will include two members – Tapa Bahadur Magar and Ram Kumar Prasad Shah – both of whom are judges at the apex court.

Nahakul Subedi, co-registrar at the Council, has been appointed as registrar at the Constitutional Court.

The Constitutional Court has been formed as per the special act passed by the parliament.

Another small news is here from Kantipur which reports that lawyers’ meet has adopted 13 points declaration in a national conference.

Some five hundred lawyers, who had gathered here for a three-day national conference that concluded on Sunday, unanimously decided to be active and committed to ensuring that the April 10 election to a Constituent Assembly (CA) is held in an impartial and fearless manner.

Similarly, the conference adopted a 13-point declaration, mandating Nepal Bar Association (NBA) to advocate constitutionalism, judicial independence, fundamental rights, pluralism, and periodic and competitive election after the CA election.

The conference also recommended that the demands of Madhes and Janajatis be resolved through talks, besides mandating NBA to play a role in mediating between the government and agitating groups.

The lawyers also expressed concern over hindrances to enjoyment of press freedom while urging the concerned parties not to interfere with independence of media.

The commitments expressed in the comprehensive peace accord should be respected by all concerned parties, the conference said in its declaration. Similarly, the conference suggested that all agreements between the government and agitating groups should be implemented completely.

Likewise, lawyers also decided to ask armed groups in the tarai to stop violence, terror and extortion.

Speaking at the concluding session of the conference, NBA President Bishwa Kant Mainali said that the April-10 election should not be postponed under the pretext of security. “Elections have been held even in countries worst hit by conflicts,” Mainali said.

Tarai turmoil taxing judiciary

 

Here is a report of Kiran Chapagain from Kantipur where he writes how terai violence has affected the judiciary.

The ongoing political turmoil in the eastern Tarai has started to take a toll on the judiciary, obstructing and delaying court work.Judges and officials at courts of law in the most-affected Tarai districts – Bara, Parsa,

Rautahut, Saptari, Siraha, Dhanusha, Sarlahi and Mahottari — said that the conflict has badly affected court-related field work like mapping, serving of subpoenas, implementing verdicts and carrying out investigations.When contacted by the Post to inquire how courts have been impacted by the conflict in the

southern plains, some judges and courts officials said they are encountering difficulties dispensing justice independently as they face frequent threats by litigants acting under cover of the armed Tarai groups.”We have not been able to send hill-origin court staff into the field,” said Krishna Subedi,

chief administrator at Saptari District Court, “As a result, we have not been able to do judicial work on time.”The courts have now begun to rely solely on Madhesi staff for field work, according to

Subedi.However, it is risky even for Madhesi staff to be out alone in the field, says Surya Bahadur

Thapa, chief administrator at Dhanusha District Court. “So we send them out in a team. The team finishes its work at one place and moves on to another.”This, according to Thapa, is not an efficient way of doing things since it causes delay.

A judge from one of the districts said, on condition of anonymity, that the court has not

been able to implement its verdicts for the last three months as none of its staff is ready to go out into the field.The rising threats against hill-origin staff in the Tarai has left many courts severely under

-staffed. Siraha District Court has only 20 staffer as 32 others have gone on deputation in view of the prevailing insecurity.The absence of VDC secretaries from their respective postings, following the killings and

abduction of colleagues by armed groups, has also affected judicial work.”When tamiladars visit the villages to serve subpoenas they hardly ever find the VDC

secretary and this has affected court work,” said Balendra Rupakheti, judge at Mahottari District Court. The VDC secretary certifies that subpoenas have been served on the persons concerned. The presence of a VDC secretary is legally mandatory when a tamildar serves a subpoena.As law and order in the Tarai continues to deteriorate, Nepal Bar Association (NBA) on

Januray 25 submitted a memorandum to Chief Justice Kedar Prasad Giri drawing his attention to the problem.In an 11-point memorandum to the Chief Justice, NBA demanded that the situation at the

courts in the Tarai be taken seriously and arrangements made to ensure their smooth functioning.

Tale of Two News

This post contains two news that were out on the same day. The first report is about the call for strengthening justice mechanism in Nepal and the second one is about a verdict handed out by Supreme Court of Nepal under Nepalese Trust Act. The exact location of the news on the web could not be located now. Both the reports are taken from Kantipur.

NBA tells CJ to iron out justice system

The office bearers of the Nepal Bar Association Friday called on Chief Justice Kedar Prasad Giri urging him not to issue any contradictory orders and to speed-up the case hearing process.A few days back, NBA representatives, expressing dissatisfaction over the justice system and activities like “hooliganism” inside the court premises, submitted an 11-point suggestion to the chief justice to give transparent verdicts in a swift manner.

On January 17, a group of people shouted slogans against the judges and tried to vandalise a Supreme Court bench while it was conducting a hearing on a case on Thursday.

Stating that a writ petition of the same subject has been treated with bias, the NBA representatives also suggested introducing a basic format while issuing interim orders and preemptive orders.

SC bans transactions in Rajguthi land

The Supreme Court (SC) on Thursday put an end to transactions in Rajguthi land owned by the government trust known as Guthi Sansthan.In a ruling to the government, the Supreme Court said such a move was necessary to preserve Rajguthi lands, which are decreasing day by day.Generally, guthi land cannot be bought or sold. However, Rajguthi land can be bought or sold after it is converted into Raitan Numberi – land on which tax is paid by the tenant to the Guthi Sansthan.

The provisions in the Guthi Sansthan Act 1976 allowing the conversion of Rajguthi land into Raitan Numberi have been ruled null and void by the bench comprising Justices Ram Prasad Shrestha, Bal Ram KC and Damodar Prasad Sharma as these provisions violated people’s cultural and religious rights guaranteed by the Interim Constitution.

The bench issued the ruling in response to public interest litigation filed by Pro Public, an NGO. The litigation mentioned that the existing legal provisions had allowed rampant misuse of Rajguthi land and caused massive decrease in such lands.

The court also ordered the government to stop the practice of exchanging private Guthi land with other lands. At present, the practice of exchanging expensive Guthi land with less valuable land is prevalent. Consequently, expensive land owned by private Guthis is decreasing, according to the litigants.

Land owned by private Guthis is being misused in other ways as well. According to the litigation, Guthi land is being sold after creating a bank fund equivalent to the minimum price of the land. The court also ruled this practice illegal on Thursday.

The apex court also ordered the government to implement the recommendations of the Guthi Commission led by senior advocate Basanta Ram Bhandari. The commission had recommended to the government a number of ways to check irregularities in connection with Guthi land but none of them have been implemented yet.

नेपाल टेलिकमको शेयर

This News in Nepali is taken from Nepal Samachar Patra, one of the leading Nepali Newspapers in Nepal. You can access this article here. The matter is about the disputes related to Nepal Telecom Shares Distribution.

नेपाल टेलिकमको शेयर सर्वसाधारणले अधिकतमरूपमा पाऊन् भन्ने सोच सरकारले अघि बढाइरहेको राष्ट्रिय योजना आयोगका एक पदाधिकारीले स्पष्ट पारेका छन्।

आयोगका सदस्य डा. पोषराज पाण्डेले शेयरको मूल्य न्यूनतम ६ सय रुपियाँ तोकिएको सम्बन्धमा हाल अदालतमा सो विषय विचाराधिन रहेकाले केही बोल्न नमिल्ने उल्लेख गर्दै एउटै व्यक्ति वा समूहलाई अत्यधिक शेयर दिनेभन्दा पनि सानो मात्रामा भए पनि सबैलाई शेयर वितरण गर्ने सोच राखिएको बताउनुभयो।

ँसबैको हातमा टेलिकमको शेयर परोस् भन्ने उद्देश्य हामीले पनि राखेका छौं, त्यही अनुसार सरकारले गर्ने सोच पनि बनाएको छ’ -पाण्डेले शुक्रबार योजना आयोगमा सञ्चारकर्मीसँग अन्तरक्रियाको क्रममा भन्नुभयो।

टेलिकमको शेयर सरकारले निजीकरण ऐनअन्तर्गत न्यूनतम प्रतिकित्ता ६ सय रुपियाँ मूल्य तोकेर यही माघ ९ गतेदेखि सर्वसाधारणमा बिक्री गर्नका लागि आह्वानसमेत गरिसकेको छ।

तर सो मूल्य अत्यधिक भएका कारण ठूला लगानीकर्ताको हातमा टेलिकमको शेयर पुग्ने र साना लगानीकर्ताले चाहेर पनि
शेयर किन्न नसक्ने आम गुनासो बढिरहेको छ।

शेयर बढाबढमा बिक्री गर्न गरिएको आह्वानपत्रमा ँशेयर बाँडफाँड गर्दा बढी मूल्य प्रस्ताव गर्नेलाई बाँडफाँड गरिनेछ’ भन्ने उल्लेख भएका कारण सर्वसाधारणले प्रतिकित्ता ६ सय रुपियाँ तिर्न चाहे पनि सो रकममा शेयर पाउन सक्ने सम्भावना अत्यन्तै कम रहेको छ।

एक व्यक्तिले ५ हजार कित्तासम्म आवेदन दिन सक्ने भएका कारण यसमा धनी व्यक्तिकै बोलवाला रहने स्थिति देखिएको छ।

आयोगका सदस्य डा. पाण्डेले आवेदन दिने जति सबैलाई थोरै परिमाण भए पनि दिने गरी बाँडफाँड गरिने बताउनुभए पनि उहाँको यो आश्वासन अहिले सर्वसाधारणको आक्रोशलाई साम्य पार्ने औजार हो या अर्थ मन्त्रालयको वास्तविक रणनीति नै हो भन्नेबारेमा तथ्य भने बाहिर आइसकेको छैन।

उता टेलिकमको शेयरको विषयलाई लिएर उपभोक्ता हित संरक्षण मञ्चको तर्फाट सर्वोच्च अदालतमा परेको रिट निवेदलाई सर्वोच्च अदालतले अग्राधिकार दिएर सोमबार सुनुवाइ गर्ने भएको छ।

अदालतले सोही दिन विपक्षी अर्थ मन्त्रालय, धितोपत्र बोर्ड, नेपाल टेलिकमलगायतलाई समेत बोलाएको छ।

मञ्चले टेलिकमले ग्राहकसँग धरौटीबापत लिएको रकमलाई शेयरमा रूपान्तरण गर्नुपर्ने वा धरौटीबराबरको रकम शेयरमा लगानी गर्नका लागि सुनिश्चितता गर्नुपर्ने माग गर्दै
सर्वोच्च अदालतमा रिट दायर गरेको थियो। मञ्चले प्रतिशेयर एक सय रुपियाँमै शेयर बिक्री गर्नुपर्ने समेत माग गरेको छ।

नियमावली संशोधन नहुँदा मुद्दा सुनुवाइ अवरुद्ध

कुमार विवेकानन्द मिश्र
काठमाडौँ, माघ १ गते । अन्तरिम संविधानबमोजिम सर्वोच्च अदालत नियमावली संशोधन नहुदा छ सयभन्दा बढी पुनरावलोकनसम्बन्धी मुद्दा सुनुवाइ हुन सकेका छैनन् । अन्तरिम संविधान जारी भएपछि पुनरावलोकनसम्बन्धमा रहेको कानुनी व्यवस्थामा परिवर्तन भए पनि सर्वोच्च अदालत नियमावलीमा अझसम्म संशोधन गरिएको छैन । संशोधन नभएकाले निस्सा पाउने आशामा वर्षौंदेखि अदालत धाउँदै आएका सेवाग्राही मर्कामा परेका छन् ।

सर्वोच्च अदालतका अनुसार, विभिन्न ६२३ वटा पुनरावलोकनसम्बन्धी मुद्दा नियमावली संशोधनकै अभावमा सुनुवाइ गरिएको छैन । यसरी सुनुवाइ नभएका मुद्दामा यसवर्षदर्ता भएकादेखि छ वर्षघिका मुद्दा रहेका छन् । अन्तरिम संविधान-२०६३ को धारा १०७ को उपधारा (४) मा सर्वोच्च अदालतले कानुनद्वारा तोकिएका अवस्था र र्सतमा आफ्ना फैसला वा अन्तिम आदेशको पुनरावलोकन गर्न सक्नेछ । यसरी पुनरावलोकन गर्दा पहिला फैसला गर्दाका न्यायाधीशबाहेक अन्य न्यायाधीशले गर्नेछन् भन्ने व्यवस्था गरेको छ ।

यसअघि पुनरावलोकनसम्बन्धमा पहिला फैसला गरेका न्यायाधीशले नै हर्ेर्ने संवैधानिक व्यवस्था थियो । सोही व्यवस्था सर्वोच्च अदालत नियमावलीमा अझसम्म यथावत् छ । अन्तरिम संविधान जारी भएको एक वर्षबितिसक्दा पनि नियमावलीमा संशोधन गरिएको छैन, एकजना कानुन व्यवसायीले भन्नुभयो । सर्वोच्च अदालत नियमावली संशोधन नहुँदा सेवाग्राही मर्कामा परेका अधिवक्ता सतिशकुमार झाले बताउनुभयो ।

विगत दर्ुइ/तीन वर्षेखि सेवाग्राही अदालत धाउँदै आएका बताउँदै उहाँले यसबाट कार्यान्वयनमा असर नपरे पनि नियमावली संशोधनको आवश्यकता औँल्याउनुभयो । सर्वोच्च अदालतका सहरजिष्ट्रार श्रीकान्त पौडेलले नियमावली संशाधनको प्रक्रियामा रहेको बताउनुभयो ।उहाँले मस्यौदा तयार भइसकेको बताउँदै सर्वोच्चको पर्ूण्ा बैठकले पारित गर्न मात्र बाँकी रहेको जानकारी दिनुभयो । सेवाबाट अवकाश भइसकेका न्यायाधीशले हेरेका ४२ वटा पुनरावलोकनसम्बन्धी मुद्दा गत साउनमा फछ्र्योट भइसकेको उहाँले स्पष्ट गर्नुभयो ।

यो वर्षदर्ता भएका १५० सहित बाँकी ६२३ मुद्दा नियमावली सशोधनको पर्खाइमा रहेको सहरजिष्ट्रार पौडेलले बताउनुभयो । गत ०५६ सालदेखिको पुनरावलोकन हर्ेन बाँकी रहेका बताउँदै उहाँले चाँडै नियमावली संशोधन हुने विश्वास व्यक्त गर्नुभयो ।