SC home page
Legal professionals and concerned people can be informed about details of their cases in Supreme Court through the Court's Homepage.The website came into online from last year and it went into trail for concerned people from last month.The Court has been preparing to help Chief Justice to decide about daily cause list online within two weeks, Technical Director of Supreme Court Deepak Timalsena said.The website provides information about number of cases included in cause list and decided cases, orders and case process details.The website has been found browsed by nearly three thousand legal professionals and concerned people.Technical Director Timalsena informed that the technology would be extended to 11 appellate courts in this fiscal year.

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No idea about distribution of funds: Ex-RCCC chief

Chairman of the disbanded Royal Commission for Corruption Control (RCCC) Bhakta Bahadur Koirala today told the Commission headed by the former Appellate Court Judge Madhav Prasad Ojha that he did not know about the distribution of Rs 4.1 million of Prime Minister’s Relief Funds by the Sher Bahadur Deuba cabinet.“I did not know whether it was the cabinet decision before filing a case against Deuba and other ex-ministers, but I knew that it was based on the cabinet decision only after the case was registered in the RCCC,” he said.

He also added that it was the RCCC’s mistake to file a case on any matter of cabinet decision. The RCCC had later given a clean chit to Deuba and the ex-ministers.A three-member panel leaded by Ojha has been interrogating Koirala. Koirala also reiterated that he did not order police to arrest Deuba at midnight.

He also added that he is not answerable for every decision of the RCCC, but claimed that those who took decisions must take responsibility. Koirala also claimed that they used to take legal opinion from Judge Shambhu Khadka before taking any decision and prosecuting anyone, though he was the secretary of the RCCC.

Recording his statement, Khadka yesterday claimed that he worked in the RCCC after the King had appointed him. “Due to the special circumstances, I had accepted the post as I thought that the King might have talked with the Chief Justice about my appointment,” he claimed.

SC Tells Panel to Probe Cases of 49 Missing Persons

The Supreme Court on Tuesday told the panel headed by Appellate Court Judge Lokendra Mallik to investigate into the whereabouts of 49 missing persons.A division bench of Justices Ram Nagina Singh and Top Bahadur Magar told the panel to investigate into the 49 more cases of missing people as the panel has been investigating the whereabouts of four missing persons including Bipin Bhandari since the past few months.

Responding to the habeas corpus petitions filed by the Maoists student leaders Lekhnath Neupane, Krishna KC, Himal Sharma and Bina Magar seeking the release of the 49 persons, the bench directed the panel to investigate the cases.According to them, the 49 missing persons, including Gyanendra Tripathi, Rajendra Thapa, Purna Paudel and Nabin Rai, were detained with them but the government is yet to make public their whereabouts.

The writ petitioners claimed that they were arrested by the security forces and were detained in army detention centres, but even after the success of Jana Andolan II the government is yet to make public their whereabouts.

Justices submit memo for amendment in interim statute to CJ

Justices of the Supreme Court today submitted their 13-point recommendation for amendment in the interim constitution to Chief Justice (CJ) Dilip Kumar Poudel to hand it over to the Prime Minister.

The memorandum was handed over to the CJ after all SC justices put their signature in the memorandum, which was passed by a full court meeting on Sunday.

The memorandum was presented to the CJ only today, as some of the justices could not sign it yesterday.

According to Supreme Court registrar Dr. Ram Krishna Timilsena, the justices have left it to the CJ whether to submit it to the Prime Minister.

The meeting of the ruling seven-party alliance and the Maoists on Monday decided to issue the interim constitution on January 15 without any amendment.

Stating that some provisions of the draft interim constitution are against the concept of the independence of Judiciary, a the full court meeting of the SC justices had came up with a 13-point recommendation for amendment in the draft of the interim constitution and decided to submit the recommendations to the Prime Minister.

The proposal states that the Chief Justice be appointed with the recommendation of the Constitutional Council, not by the Prime Minister as mentioned in the draft of the interim constitution. The judges have also argued that the CJ should be named as the ‘CJ of Nepal’ instead of the ‘CJ of the Supreme Court’.

The judges have also opposed the provision in the draft interim constitution, which bars retired judges from getting political appointments as well as the provision of impeachment of judges if they are found with mental or physical inability.

Similarly, another recommendation says that the provision of submitting the annual report of the judiciary to the Prime Minister, who will then present it to the parliament, be changed as it is against the concept of judicial independence. The report, it is proposed, should be publicised directly without submitting it to the Prime Minister.

SC fails to submit draft

The Supreme Court on Monday failed to submit the draft of the recommendation to the government on the interim constitution that was endorsed on Sunday, as the SC has prepared the draft of the recommendation but could not collect signatures of all judges on the draft. “We have finalised the draft today and probably the Chief Justice will meet the Prime Minister to submit the recommendation tomorrow,” SC Registrar Ram Krishna Timalsena told reporters. “The CJ will seek the PM’s time and he will submit it to him,” he added

Interim constitution, legislature on Jan 15

Top leaders of the seven-party alliance and the CPN-Maoist on monday decided to promulgate the “Interim Constitution of Nepal, 2063 B.S” on January 15 and also to ratify it by the interim legislature-parliament on the same day.

The leaders took this decision at a high-level meeting of the eight political parties held at the Prime Minister’s official residence at Baluwatar.According to the November 8 agreement, the interim constitution was scheduled to come into force on November 26.

But the leaders could manage to ink the interim constitution only on December 16.A joint press statement issued by the alliance and the Maoist leaders has also appealed to all the political parties, civil society and the people to contribute their level best to hold the constituent assembly election in June in a free, fair and peaceful manner.

The leaders have also called for moving ahead and reaching an all-party consensus at the district level for the purpose of collecting voters’ list, distributing citizenship certificates and maintaining law and order in society.“For this purpose, we express our commitment to extend necessary co-operation to send VDC secretaries to villages and re-establish police posts,” said the joint statement issued at the end of the meeting.

Interim Statute Has Undermined Judiciary: NBA

President of Nepal Bar Association (NBA), Shambhu Thapa, and senior advocates on Monday said the interim constitution, which is being tabled at the House of Representatives (HoR) on January 15, has undermined the judiciary.Thapa, and two NBA presidential candidates Basanta Ram Bhandari and Biswokanta Mainali were unanimous to stress that certain provisions, including the 'impregnable position' enjoyed by the Prime Minister in the interim constitution be suitably amended.Bhandari and Mainali have filed for presidential candidature for the NBA top post in the elections to be conducted this Saturday.

Thapa said the absence of sitting judges while finalising the interim constitution has left room for amendments. "It (interim constitution) appears more of a political document than a legal paper," he told an interaction at Reporters' Club today, adding that the leaders, in the absence of legal experts, concentrated more on political issues while finalising the interim statute. "This is one of the causes why the judiciary has been undermined," he added.Bhandari suggested the eight political parties (Seven Party Alliance and the Maoist) to make necessary amendments in the interim constitution before it is tabled at the HoR.

"If they fail to do so, there can be anarchy," he warned. Bhandari also suggested that the constitution brought by the constituent assembly should be acceptable to the people or else there can be a people's uprising.He also made it clear that any constitution that is "dictatorial in any form" would be unacceptable to the NBA. "We will be compelled to initiate protests if dictatorial constitution is brought," he warned.

Mainali said "autocracy in any form (in the constitution) would not be acceptable" to NBA. "We will not allow any constitution to come that undermines judiciary," Mainali warned, saying that judiciary cannot be independent if the NBA fails to stand against any form of autocracy."If the constitution brought by the constituent assembly gives place to autocracy, NBA will not tolerate," he said and cautioned the concerned parties to bear this in mind.

"Be it a republican set-up or a democracy, there should be no room for autocracy," he added, while referring to the provision of giving more powers to the Prime Minister in the interim constitution. Senior advocate and former NBA president Harihar Dahal stressed on constitutional supremacy, rule of law, independent judiciary and human rights.

Some amendment essential in Interim constitution before promulgation: Aryal

Chairman of the interim constitution drafting committee, Laxman Prasad Aryal has said some amendment should be made in the interim constitution before promulgating it nepalnews reports.

In a video interview with Nepalnews, the former Justice Aryal, who is also one of the framers of the 1990 constitution and who had chaired the committee that first drafted the interim constitution, said that the leaders of political parties changed some provisions in the draft that was submitted by the committee.

"Though this constitution is better than the 1990 constitution, some provisions related with Judiciary, Fundamental Rights, Pardon and Rights delegated to Prime Minister should be amended before it is promulgated," Aryal added. He, however, said that as the constitution is for the interim period only and the country is passing through a difficult phase, the constitution will appear somewhat different than the constitutions to rule the country in normal period.

He expressed dissatisfaction over the provision that authorises the Prime Minister to appoint three members of the Constitutional Council that recommends the names of the chiefs of the constitutional bodies. He also said that there might be negative impact in the Judiciary and the independence of judiciary could be compromised, if Prime Minister is authorised to appoint and transfer the Chief Justice.

He also said that even if the Judiciary is left independent, the provision of the interim constitution will reduce people's faith in judiciary, as it will appear 'controlled.' He also added that the constitution will have been in better format had the political parties finalised political issues first and then only drafted the statute - as a constitution is a combination of politics and laws. "More power has been entrusted to Prime Minister in order to make the decision making process during the transitional period fast and efficient, so, if the Prime Minister realises that he is not just the head of the government and the head of the state, the Prime Minister can't misuse his power," Aryal added.

Commenting on the system of government mentioned in the interim constitution, Aryal said, the constitution has adopted parliamentary system but the responsibility of head of the state has been given to the Prime Minister as per people's aspiration, adding, "People are not in favour of giving any power to the King and there was a need for some person to carry out the works hitherto carried out by the King - so such responsibilities were given to Prime Minister."

Aryal further said that there should not be any delay in issuing the interim constitution as any delay may push back the elections of the constituent assembly and the process of making new Nepal

RCCC chairman, members appear before Ojha Commission

The judicial commission investigating into the actions of the now-defunct Royal Commission for Corruption Control (RCCC) interrogated RCCC chairman Bhakta Bahadur Koirala and two other members on Monday. RCCC chairman Koirala and members Prem Bahadur Khati and Shambhu Bahadur Khadka recorded their statement before the panel, which is headed by Appellate Court judge Madhav Prasad Ojha, regarding the allegations of financial irregularities and harassment of political leaders in the name of investigating corruption.

Coming out of their interrogation, the RCCC functionaries defended their action, insisting that the commission was formed for the sole purpose of investigating corruption cases.

Koirala said the RCCC was not involved in any kind of ‘excesses’ and challenged that the probe commission take action against him lawfully. Khati also made similar claim. “We didn’t do anything illegal. And there is nothing to regret about what we did as RCCC members. The RCCC’s aim was not to harass political leaders but to investigate corruption cases.”

Another RCCC member Khadka refused to talk to media persons present outside the commission premises at Pulchowk. The Ojha panel will continue interrogation of others associated with the Royal Commission, which was dissolved after a Supreme Court order on February 13.

RCCC men don't know who ordered Deuba arrest

Two members of the now disbanded Royal Commission for Corruption Control (RCCC) today said they did not know who had ordered the arrest of former Prime Minister Sher Bahadur Deuba.RCCC members Raghuchandra Bahadur Singh and Haribabu Chaudhary, recording their statements to the Ojha Commission, which has been investigating about the excessive force used by the RCCC, claimed that they did not order the investigating officials to arrest Deuba.“They claimed that they did not know who issued orders to arrest Duba,” a member of the Ojha Commission, Ram Prasad Gaudel told .

According to Gaudel, the two members of the RCCC also told the Ojha Commission that knew about Deuba’s arrest only the next morning.The Ojha commission also interrogated RCCC member Prem Bahadur Khati on sunday.

The government had formed a commission under the leadership of former Appellate Court Judge Madhav Prasad Ojha to investigate into the excesses of the RCCC.

SC Judges Seek 13-point Amendment to Interim Statute

A full court meeting of the Supreme Court judges on sunday took a decision to seek amendment in the draft of the Interim Constitution finalised by the government and the Maoists so as to make it compatible with the independence of the judiciary.

The judges' meeting concluded with decision to forward a 13-point recommendation to amend the interim constitution to the Prime Minister. The meeting also said that the draft of the interim constitution prepared and signed by the Seven-Party government and the Maoist leaders on December 16 violated the concept of independence of the judiciary.“We have unanimously endorsed the recommendation,” Justice Min Bahadur Rayamajhi told to reporters.

The justices have sought amendment in the interim statute so that the Chief Justice would be appointed on recommendation of Constitutional Council rather than by the PM's sole recommendation. “We have expressed our concern and we think that the politicians will address our concerns it but it is up to them whether or not to accept our suggestions,” justice Rayamajhi added.During the meeting majority of the justices including Chief Justice Dilip Kumar Paudel, Justices Kedar Prasad Giri and Tahir Ali Ansari, opposed the idea of recommending amendment but later they agreed with the majority of judges. “They have claimed that such an attempt may not be accepted by the politicians but later they agreed to protect the independence of the judiciary,” another judge said.

The judges have also sought amendment in the provision on the composition of the Constitutional Council headed by the PM while appointing the Chief Justice. They have proposed that Prime Minister, Chief Justice, Speaker, Law Minister and a judge of the Supreme Court named by outgoing Chief Justice be the members of Constitutional Council members to appoint a new chief justice. The meeting also called the government to amend the provision on CJ's oath of office in the draft of the interim constitution.

The Judges also asked to entitle the Chief Justice as the Chief Justice of Nepal rather than Chief Justice of the Supreme Court and called to delete a provision of impeaching judges on the ground of inability to work on physical and mental incapability.
The meeting also demanded change in the formation of the Judicial Council and sought exclusion of the representative of the Nepal Bar Association as proposed by the draft of the interim constitution.

SC forms committee

The full court meeting of Supreme Court judges today formed a panel to study the fasibility of setting up separate benches in court to hear business and corporate disputes.The full bench formed the panel under the coordination of Jumla Appellate Court Judge Tarka Raj Bhatta along with five district court judges,” SCRegistrar Dr Ram Krishna Timalsena said.

Ojha Commission grills two RCCC members

The commission investigating into the activities of the now-defunct Royal Commission for Corruption Control (RCCC) interrogated two former RCCC members Friday.

Commission members quizzed RCCC members Hari Babu Chourdhary and Raghu Chandra Bahadur Singh over alleged financial misapplications and the role of the RCCC in harassing political opponents and suppressing the Jana Aandolan.

Talking to reporters after the interrogation at the commission's office, both Choudhary and Singh said they never expected to be interrogated at the same place from where he interrogated others.

The commission chaired by former Appellate Court judge Madhav Prasad Ojha has summoned RCCC chairman Bhakta Bahadur Koirala on January 08. The Ojha commission is set to interrogate other key functionaries of the disbanded Royal Commission gradually.

The RCCC, which was widely criticised for pursuing political vendetta against the leaders of political parties, pro-democracy bureaucrats and businessmen, was dissolved after a Supreme Court order on February 13, 2006.

Justices to ask PM to amend interim statute

Supreme Court justices have stated some provisions in the proposed interim constitution interferes with the independence of the Judiciary.

During the full court meeting of the Supreme Court justices held on Friday, they resolved that granting prime minister authority for appointing chief justice and justices is against the spirit of an independent judiciary.

Legal experts have raised questions over the provision in the interim constitution that has given power to prime minister for appointing chief justice and justices.

The meeting has decided to ask the office of the prime minister to amend the provisions related to the Judiciary. The justices have also raised questions regarding the structure of the judicial council and judicial service commission where the law minister, who is a member in both the agencies, has been bestowed a higher portfolio than a Supreme Court justice.

Article 103 of the proposed constitution states that prime minister would appoint chief justice on the recommendation of constitutional council.

The other disagreeing point raised by the justices is the provision in Article 106, which says justices or chief justice can be assigned to judicial investigation works after consulting the judicial council and Article 117 that empowers the parliament to discuss the annual report of the court.

However, a few days ago, acting chief justice Kedar Prasad Giri had stated there is no alternative to empowering PM for appointment of justices in transitional period despite. Meanwhile, PM Girija Prasad Koirala has expressed his dissatisfaction regarding the powers given to prime minister in this matter.

Restaurant owners seek legal provisions


Cabin and dance restaurants’ owners today demanded legal provisions to help monitor and regulate their activities.

Speaking at a ‘Consultation to Facilitate Adoption of Code of Ethics in Cabin/Dance Restaurants’ organised by RAHAT, Manoj KC, president of the Association of Restaurant Entrepreneurs Nepal said, “A legal provision would help the law enforcing agencies to take action against any restaurant conducting illegal activities.”

Such a law would define the activities permitted or not in the restaurants.
Bala Ram Sharma, deputy superintendent of police at Valley Crime Investigation Branch, said, a legal provision is must to make the restaurant owners accountable and also to improve their functioning pattern.

The Ministry of Women, Children and Social Welfare (MoWCSW) formed a committee under the coordination of joint secretary of MoWCSW to prepare a report regarding the restaurants to formulate the policies related to them and solve the problems faced by the restaurant entrepreneurs as well as employees in the restaurants.

SC moved against CoAS, senior army officers

Wife of a former detainee at the Maharajgunj-based Bhairav Nath barracks, who was allegedly killed at the barracks by army officials, on thrusday filed a writ petition at the Supreme Court, seeking its order to the government authorities to prosecute senior army officials, including Chief of Army Staff Gen Rookmangud Katawal, for the murder.

Ram Maya, wife of late Padam Narayan Nakarmi, filed the petition, demanding that the Office of the Prime Minister and the Cabinet, Ministries of Home and Defence, and Inspector General of Police and his office prosecute Gen Katawal, retired Army Chief Pyar Jung Thapa, officials at the Bhairav Nath barracks, Raju Basnet, Bibek Bista, Indibur Rana and Dilip Rayamajhi, for the murder of her husband.

In the petition, Ram Maya said she moved the apex court after Nepali Police Headquarters and the Kathmandu District Police Office Kathmandu refused to accept the First Information Report on the murder case. She accused army officials Basnet, Bista, Rana and Rayamajhi of killing her husband two years ago under the order of the then Chief of Army Staff Pyar Jung Thapa.

She claimed in the petition that former detainees at the Bhairavnath barracks, Krishna KC and Himal Sharma, had informed her about the murder of her husband in the barracks. She claimed that the refusal to accept the FIR was in violation of Articles 11, 12 and 14 of the 1990 Constitution and International Covenant on Civil and Political Rights 1966 and Human Rights Declaration of 1948. The petitioner claimed that the apex court should intervene in the case, as she could not get justice from other authorities.

JC denies it let judge work for RCCC

The Judicial Council on thrusday told the commission investigating action initiated by the disbanded Royal Commission for Corruption Control(RCCC) against democratic leaders during the royal regime that it had not given permission to judge Shambhu Khadka to work as RCCC secretary.

The JC is headed by Chief Justice Dilip Kumar Paudel.“The JC today wrote to us, saying it had not given permission to Khadka to work as the RCCC secretary,” said a member of the Commission headed by former Appellate Court Judge Madhav Prasad Ojha. Before appointment in the RCCC, Khadka was working as a district court judge.

“We had urged the JC to furnish a copy of the decision taken by the JC on Khadka’s appointment to the RCCC. The 1990 Constitution does not allow any judge to take up administrative assignment,” the member added.

Khadka, currently working as a judge at the Dipayal Appellate Court, informed the commission today that he could not be present at the commission because he could not get an air ticket to fly to Kathmandu. The commission also quizzed a former RCCC member, Shambhu Khanal. Stating that he was not a judge, Khanal claimed he had decided cases as per the “decision of the then government.” “We asked him to prove he was qualified to decide cases, which he could not,” said a member of the commission, Ram Prasad Gaudel.

Rayamajhi quits Judges’ Society

Citing serious differences with its chairman, Supreme Court justice Min Bahadur Rayamajhi resigned from the Judges’ Society on thrusday. The society is headed by the senior-most SC judge, Justice Kedar Prasad Giri.

Rayamajhi is the second most senior judge of the Supreme Court. The Judges’ Society works for the welfare of judges and for the promotion of the rule of law.

According to a source at the SC, Justice Rayamajhi has accused Justice Giri of not doing enough to promote the rule of law and maintain the independence of the judiciary and the justice system. When contacted, Justice Rayamajhi confirmed that he had resigned from the society.

Working as the Acting Chief Justice, Giri had recently said there would be no problem in adopting a provision in the draft of the Interim Constitution that will give the Prime Minister the power to appoint the Chief Justice. Giri had said there was no other option except to give the authority to the Prime Minister to appoint the Chief Justice.

Giri had also claimed that the King was not the head of the state, saying he was suspended as the head of the state.

Meanwhile, the Supreme Court has called a full-court meeting of its justices tomorrow to discuss controversial provisions on judiciary figuring in the draft of the interim constitution.

The justices will discuss provisions of the Interim Constitution, which state that the Supreme Court’s annual report must be submitted to the Prime Minister and the same should be discussed in the parliament.

Justices have said these provisions question the independence of the judiciary. They say Article 151 of the draft of the interim statute has given the Council the right to pardon.

In tomorrow’s meeting, the judges will also discuss the provision adopted in the draft of the interim statute, which states that SC judges take fresh oath in parliament failing which they will lose their job.

House passes Water Bill

The House of Representatives on passed the Nepal Drinking Water Corporation (third amendment) Bill 2006 to amend the Nepal Drinking Water Corporation Act 1989.The Bill aims at handing over management of the corporation to a private party and to hand over the job of supplying drinking water in the Kathmandu valley to a non-governmental authority.

The Bill will turn an Act after Speaker Subas Nembang authenticates it .Though some MPs, including a few from the UML, objected the provision to hand over the management to a non-governmental organisation, the House has passed the Bill by a simple majority.UML MPs Prakash Jwala and Ananda Pokhrel had left from the session while the Bill was voted. Earlier, they criticised the provision claiming that it is a wrong idea to provide the authority to any non-governmental organisation to supply drinking water.

They argued it is the job of the government. Jana Morcha Nepal led by Chitra Bahadur KC and Nepal Workers and Peasant Party MPs voted against the Bill.The MPs have flayed the government’s role to hand over the management to a foreign company for supplying drinking water in the Kathmandu valley.“How can the government hand over the responsibility to a non- governmental institution as supplying water is the job of the government?,” Jwala and Pokhrel asked.They have claimed that since it was the right of the people to get parable drinking water from the government it cannot escape from the responsibility.

The government has been planning to hand over the job to the Britain- based Severn Tent Water International Private Limited for $ 8.5 million .During the special hour, MPs flayed the government and the Ministry of Education and Sports for not appointing officials in Tribhuvan University.

Voters' List Act published

KATHMANDU, Jan. 2: The Government of Nepal has published the Voters' List Act-2063 B.S. for information of the public. The Act developed by in the first year of the issue of the House of Representatives Declaration 2063 was published in the Nepal Gazette on December 29. The Act has been formulated in order to bring amendments and integration to the voters' list law for the elections to the constituent assembly. Various provisions including avoiding the repeating of double registration, demand for evidence in the name registration, change and addition to the final list of voters and the provision to raise questions at the court have been included in the Act. The Act provides for special provision concerning the temporary voters' list including the employees working under the Government , under the Army, Police or based at the cantonments, those imprisoned in various prisons and the employees on duty in election or polling centres. The temporary voter's list would be used only for the purpose of voting for the posts of 204 members in the Constituent Assembly that will take place on the basis of proportional electoral system. According to the Act, if a non-Nepali citizen lies he is a Nepali citizen and registers his/her name in the voters list, the person would be penalized with a fine of up to Rs. 50,000 and six months imprisonment or both. Similarly, if anyone provides fake particulars and registers his/her name in the voters list or gives an application with fake information regarding his/ her name, address, age or other details, knowingly makes changes in the voters list or makes addition and deletions in it, destroys it or mutilates it, or if anyone intimidates or lures the employees deployed in connection with collecting names for voters list or prevents the employees from carrying out their work and exposes the secrecy that has to be maintained, such a person would be liable for a fine of up to Rs 10,000 or one month imprisonment or both. Likewise, any person inciting to commit the crime, colluding in the crime or helping to carry out the crime would be liable for half the punishment handed down to the person committing the crime. As per the Act, the officer responsible for collecting names and registering names for the voters list or any other employee involved in the election related works would be liable for departmental action of the Commission in accordance with the current laws if the officer and employee concerned makes additions and deletions of names in and from the voters list and the final voters list with ill intention. The cases to be filed in accordance with this Act would be file on behalf of the Government of Nepal. The District Election Officer of the District concerned would carry out the investigation and hearing into the cases related to the election. RSS