CJ appointment system altered

Kantipur Report

KATHMANDU, Aug 25 – Judicial System Committee of the Constituent Assembly (CA) has proposed to appoint Chief Justice from other courts besides the Supreme Court as well.Voting concerning appointment of the Chief Justice held at the Committee office in Singhadurbar on Tuesday morning passed the same provision with majority.

The current provision calls for picking a new Chief Justice based on seniority after completing three years.

There were 17 votes in favour of appointing new Chief Justice from the Supreme Court and 21 votes in favour of appointing from the Supreme, Appellate and District Courts. Among 42 members, three were absent while one refrained from voting.

Posted on: 2009-08-25 06:27:38 (Server Time)

http://www.kantipuronline.com/kolnews.php?&nid=211391

CCTV drive in Valley courts to begin from CJ’s chamber

	KIRAN CHAPAGAIN www.myrepublica.com KATHMANDU, May 15: Newly-appointed Chief Justice Min Bahadur Rayamajhee, during his confirmation hearing last Thursday, made a commitment to install close circuit television (CCTV) in the Valley-based courts to check possible irregularities. He repeated his commitment in his address to the media in the brief press conference after he assumed the top judicial post. But the Supreme Court has its own story about CCTV which is circulating among court staffers but has not yet reached the public ear. The story is about some corrupt and fearful court staffers who had earlier deliberately disabled a CCTV camera. The Supreme Court, as former registrar Shree Prasad Pandit says, had introduced a CC TV at the Revision and Review Section on a trial basis some four years ago. Fearing possible resistance from court employees, Pandit had got the technology installed on a public holiday. “I wanted that the court employees did not notice the CCTV installed in the section,” said Pandit. As the head of the judicial administration then, Pandit was happy that he would be able to monitor the work and activities right from his office room. But his happiness was short-lived. “I came to know in a couple of days that the CCTV was broken,” Pandit recalled. A court official who witnessed the technology broken said that his colleagues were frightened by the installation of the CCTV as it would, in their reading, record their irregularities, delays and absence from desks. “Our colleagues had defended their wanton act arguing that if their work and activities were to be monitored, the work of judges and high-ranking officials should first be monitored in CCTV” the official, who wanted to be unnamed, said. “In my opinion, they were right because the judges and high-ranking officials wanted to curb petty bribes by installing the CCTV.” Two years ago, incumbent Registrar Dr Ram Krishna Timalsena also got six CCTVs set up in different sections. But court officials broke two CCTVs. The CCTVs remain non-functional till date. A junior court official said CCTV will help check petty corruption by court officials and that the fresh CCTV initiative is also likely to face resistance from them. But this time around, Dr Timalsena is optimistic. “The new chief justice has announced that CCTVs will be installed in courtrooms as well, making it easier for us to implement the technology this time,” said Dr Timalsena. Chief Justice Rayamajhee is also aware of this story of CCTV at the Supreme Court. So he plans to begin the CCTV installation initiative right from his chamber. “This drive will begin right from my chamber so that others could not complain about being monitored through CCTV,” Rayamajhee said during his confirmation hearing last Thursday. As the court was preparing to begin its fresh CCTV initiative, broken CCTV sets installed in the past were to be seen seen hanging from the walls inside the Supreme Court building. kiran@myrepublica.com
Published on 2009-05-15 00:00:03

Postmodern Nepalese Judiciary

The Past

King Amshuverma (6th Century AD) introduced unwritten laws of administration, land reform and monetary system. With few exceptions of written laws such as King Jayasthithi Malla’s (1382–95AD) Manav Nyayashastra (Civic Laws – a legal and social code strongly influenced by contemporary Hindu principles), King Ram Shah’s (Chhabish Thiti (26 Commandments), the first written law was the Muluki Ain (Civil Code) 1854AD introduced by Prime Minister Jang Bahadur Rana, after his personal exposure to the Napoleon Code and the Common Law System while he toured Europe in 1850. The Nepalese Judicial mechanism remained under the clutches of the reigning rulers as The Royal Court until 1950.

The Modern Nepal’s Independent Judiciary began with establishment of the Supreme Court as Pradhan Nyayalaya in 1950, which envisaged the Supreme Court as the guardian of law. It also guaranteed independence of judiciary and the law above the king. In 1963, king came into power controlling the executive, legislative and partially the judiciary through its supreme power to “Review Cases” decided by Supreme Court known as “Hukum Pramangi” (Order of the Crown). The 1990 revolution reestablished democracy in Nepal and promised an independent judiciary. The legislative and executive branches of the governance ceased to function in 2002 after dissolution of the parliament and rise of direct rule of the King from 2005 to 2006. Judiciary remained the sole independent authority in Nepal from 2002 to 2008 in absence of a Legislative and an Executive based on a popular will.

The Present

In 1996 the Communist Party of Nepal (Maoists) or the terrorists launched an armed revolution in Nepal with a new notion of Judiciary, a barbaric people’s court, which has its own unwritten laws and so-called judges issuing capital punishment if several form-the death penalty. The constitution assembly elections of April 2008 validated a Guerilla Government.

“The main agenda of the SPA and the Maoists was to hold a Constituent Assembly (CA) election, with the primary responsibility of drafting and promulgating a new constitution defining the future political system in Nepal. The interim constitution, adopted on January 15, 2007, expressed full commitment to democratic ideals and norms, including competitive multi-party democracy, civil liberties, fundamental human rights, adult enfranchisement, periodic elections, press freedom, an independent judiciary, and the rule of law. The interim constitution also guaranteed the basic rights of Nepali citizens to formulate a constitution for themselves and to participate in the Constituent Assembly in an environment free from fear. The interim constitution transferred all powers of the King as head of state to the prime minister and stripped the King of any ceremonial constitutional role. Under the interim constitution, the monarchy was abolished by the first meeting of the Constituent Assembly. The interim Parliament was a unicameral house” (http://www.state.gov/r/pa/ei/bgn/5283.htm).

The April 2008 Elections and the first meeting of Constitution Assembly ousted the King. With the Communist Party of Nepal (Maoist) CPNM in the power, steps have been taken every now and then to regulate the judiciary by them, thus putting the independent judiciary in a danger.

CPNM came into a power play with its written commitment with major seven parties, where it basically agreed in dissolving its Nepali Janjaweed or Young communist league (YCL) which was established in 2007, returning seized property and refraining from taking arms. CPNM has failed to abide all of these three notions, let alone other clauses of the SPAM Agreement.

In April 2008, the Maoists won in the elections with majority. During elections, the Maoists and their allies committed several crimes against humanity including kidnapping, killing, extortion and forced disappearance of people around the nation. Even after the elections the Maoists are still involved in grave human rights violation across the nation. The Maoist has taken over the nation through intimidation, threatening the general public and killing and kidnapping people. The Maoists has been openly threatening people and continue their atrocities though their armed militia and armed youth wing YCL which has been taking action against people who were against the Maoists in anyway in the past. In August 2008 the leader of the terrorist Maoists became the Prime Minister, The Maoist chairman has openly challenged the rule of law by having armed militia around him.

On August 16, 2008 after the Maoist chairman was declared the prime minister, the Maoists thrashed a public in eastern Nepal for no reason for three hours “to celebrate their victory”. The Maoists and YCL are still involved in killing, kidnapping and torturing people. CPNM continues its atrocities, kidnapping, killings, extortion and poses a threat to people from every field. CPNM has been continuing its excesses through its sister organizations Young Communist League (YCL), Janatantrik Tarai Mukti Morcha (JTTM), Madheshi Jana Adhikar Forum (MJF), Madhesi Tigers (MT), Janatantrik Kirat Mukti Morcha (JKMM) etc. The Maoists have revived and continued their People’s Court across the nation and they are implementing their decisions and taking action against the people who were against tem in any way.

On August 14, 2008 the Maoist Supreme Commander Prachanda was elected as the Prime Minister with support from MJF, clearly establishing CPNM and MJF alliance pre and post elections and further strengthening the fact that MJF is a splinter group of CPMN or a breakaway faction.

On January 2009, Maoist Leaders repeatedly threatened over the media that they are going to control the governance if any effort were made to topple their government. Meanwhile, their capital punishment continues, property still being seized and their splinter groups still killing innocent public, human right defenders and journos.

The Future

Amidst this entire crisis, Judiciary remains intact and is committed towards protection of independence of judiciary.

Parliamentary Hearing Committee

For the first time a Parliamentary Hearing Committee quizzed the Supreme Court Chief Justice Kedar Prasad Giri for his post for the first time in history in October 2007. Though the PHC hearing was itself controversial, a trend was set to make judiciary accountable to Parliament. In January 2009, 10 recommended Supreme Court Judges were quizzed by the PHC.

e-judiciary

One of the goals set by the CJ was to implement an e-judiciary. The concept was primarily set up by preceding justice. During the term of CJ Giri, judiciary has been successful to link all courts via networking, created online case status and tracking system, online cause-list of cases, a  legal information system to name a few which has promised a swift and prompt justice delivery for now and future. Administrative tasks and applications are being made online. In a few years to come, when the basic judicial electronic infrastructure has been fulfilled, backlogged cases will be reduced to a very few numbers. These are but just a few highlights of the golden era of judiciary.

The Golden Era of Nepalese Judiciary

To ensure the continuation of the fast paced development of Nepal’s judiciary or the golden era of Nepalese Judiciary, which is being developed to make it on par with the global standards of judicial systems, the subsequent Chief Justices Hon. Min Bahadur Raimajhi, Hon. Anup Raj Sharma and Hon. Ram Kumar Prasad Shah have been working together in the e-judiciary project.

Challenges and Obstacles

There are still some shortcomings in the system that is being developed.  However, there are major obstacles to its development as well. The lack of power supply, ongoing violence, by YCL and factions of  CPNM, heightened insecurity, destruction of infrastructures, forced exile of Pahade judicial employees from Terai region by the extremists, murder of Pahade government employees by the extremists and above all the parallel existence of so-called people’s court which has been executing individuals and imposing deterrent justice system.

Winds of Change

Petty civil cases can be resolved by individuals through alternate means of justice such as arbitration, mediation and reconciliation, which have already begun in some districts. Forms could be developed online for parties and lawyers for administrative tasks such as court date calendar, rescheduling, applications, submission of fines, fees, penalties and court fees. Real-time case status update can be generated from one click on the internet. Parties to the cases are already being alerted prior to the case hearing via SMS, email and phone. Real time case list and hearing schedules are already displayed on hourly basis on computer monitor and TV screens at the court premises in the lobby, chamber, canteen, the Bar units and wait benches.

2008 Annual Report

The 2008 Judiciary Annual Report cites that expected outcomes could not be gained in the field of case settlement because of the security situation, lack of proper human resources, the Constituent Assembly elections in April 2008 and strikes held in different places directly affected the court procedures including summons, land measurement, implementation of the court verdict, punishment and others. Moreover, the movement in different districts of eastern and mid-terai, where the percentage of cases were high, was badly affected because of the unfavorable security situation, the report mentions.

Need

There is an immediate need of a strict Judicial Decision Implementation Unit (judicial police) for the purposes of implementation of directives, decisions and orders of the courts. The unit can also speed up the process of recovery of revenue. An elaborated Supreme Court complex is another need with modern infrastructures and facilities. The districts and appellate courts around the nation need to be upgraded with modern technologies in order to materialize the notion of swift judiciary. The selection criteria and procedures of permanent and temporary judges in the district courts also need to be revamped.

BAR IN NEPAL

Introduction

Since 1953 the lawyers started to practice law at the Nepalese courts. In the span of nearly 4 decades, today the Nepalese Bar has emerged as a strong organization. Until the promulgation of the Bar Council Act in 1992, lawyers were under the supervision and control of the Supreme Court. Presently the Bar is administered by the Nepalese Bar Council headed by the Attorney General of Nepal. The Bar Council of Nepal is a policy making body, which is also responsible for conducting the qualifying tests to enter into the Bar. Besides, the Council has to work for the professional development of lawyers as well as to look into disciplinary matters relating to the Nepalese lawyers.

Organization of the Bar

Nepal Bar Association is the central organization of the Nepalese Bar. Supreme Court Bar Association, Appellate Court Bar Associations and District Court Bar Associations are established under the Nepal Bar Association. Nepal Bar Association is also a policy making body of the Nepalese Bar.

Classification of lawyers

Lawyers in Nepal are classified into three categories:

1. Senior Advocate: The Supreme Court awards the title of Senior Advocate to any Advocate of reputation with a minimum of 15 years of experience and having significant contribution in the society in the field of legal practice.
2. Advocate: The Bar Council is empowered to award the title of advocate to any law graduate, or a pleader with 15 years of experience, or a pleader holding a law degree with 7 years of experience, or any retired judge and officer of Nepalese Judicial Service with 5 years of experience and any law teacher with 5 years of experience provided that they qualify in the Bar entry test for the Advocates.
3. Pleader: The Bar Council is empowered to award the title of Pleader to any person holding intermediate degree in law or who has worked as an agent for a minimum of 5 years and who has qualified in the Bar entry test for the Pleaders.

The Senior Advocates and Advocates may plead and practice in any courts in the country. The pleaders may plead and practice in all the courts other than the Supreme Court.

http://supremecourt.gov.np/main.php?d=general&f=bar

Presidential Election and the US Supreme Court – Cause and Effect !

An interesting notion on KQED radio last night. The current Supreme Court justices are divided 5:4 (i.e. 5 conservatives and 4 liberals). Among which the 2 senior most and retiring justices are liberals. So what happens if McCain wins and what if Obama wins?

If McCain wins, in the next few years the two to three retiring liberal justices will be replaced by 2 convervative justices making the apex court a conservative majority. If Obama wins, the two to three justices will be replaced by liberals and creating a liberal apex court.

Wait and see what america votes for !!!

Senior advocate title for 25 lawyers

Kantipur Report

KATHMANDU, Aug 4 – The Supreme Court (SC) on Sunday decided to award 25 lawyers with the title of senior advocate. However, not a single woman made it to the list of new senior advocates this time. A meeting of the Full Court, the highest policy-making body of the judiciary, took the decision to confer the honorary title to prominent  lawyers as per the recommendation of a committee headed by Justice Anup Raj Sharma, said SC spokesperson Til Prasad Shrestha.

Some prominent names to be honored with the title included Attorney General Yagya Murti Banjade, former Attorney General Badri Bahadur Karki, former member of parliament Harihar Dahal, Bharat Raj Upreti, Prakash Wosti, Kamal Narayan Das and former Supreme Court Justice Pawan Kumar Ojha.

Other names included Bishnu Prasad Nepali, Amar Bahadur Pande, Narayan Prasad Khatri, Narayan Prasad Yadav, Madan Bahadur Thapa, Arjun Prasad Lamsal, Netra Bahadur Nepal, Kousal Kishor Dwibedi, Gauribar Prasad Agrawal, Yogendra Kumar Sharma, Devendra Singh, Laxman Lal Karna and Narayan Ballav Pant. Likewise, other new senior advocates to be honored are Padma Nath Sharma, Binod Kumar Sharma, Lila Prasad Sapkota and Ram Prasad Sitoula.

The Supreme Court decided to confer the tile on the basis of seniority, contribution to society and the judicial system and high morality, said Justice Sharma.

The committee comprising Sharma, Justices Bal Ram KC and Tahir Ali Ansari recommended the names after over a year long study. The court had conferred the tile to 15 lawyers, including a woman three years ago.

When asked why a single woman lawyer did not qualify for the title this time, Justice Sharma said, “We tried our best but it was very difficult to ignore the seniority system.”

Nepal’s First Vice President :: Ex Justice Parmananda Jha

Jha becomes Nepal’s first vice president; re-polling for president set for Monday

Nepal’s first vice president Paramananda Jha (Photo source: samachapatra daily)

The meeting of the Constituent Assembly (CA) held Saturday night officially declared that Paramananda Jha has become Nepal’s first vice president, winning the election held today. He was a Madhesi Janadhikar Forum (MJF) candidate.

CA chairman Kul Bahadur Gurung announced that Jha has been elected vice president bagging 305 votes, beating his nearest rival Shanta Shrestha of CPN (Maoist) who garnered 243 votes.

However, two presidential frontrunners – Dr Ram Baran Yadav of Nepali Congress and Maoist-backed candidate Ram Raja Prasad Singh – failed to gain 298 votes needed to be elected to the post.

Gurung announced that Dr Yadav bagged 283 votes while Singh ended up with 270 votes. Twenty-four votes were invalid.

With no presidential candidate mustering majority votes, there will be re-election for the president. Gurung said the re-election will be held on Monday (July 21).

578 out of 594 CA members registered in the voter list had cast their votes.

Five fringe parties including Nepal Workers and Peasants Party, Rastriya Prajatantra Party (Nepal), Rastriya Janamorcha and CPN (Unified) boycotted the voting. nepalnews.com mk/sd July 19 08

ANLUS welcomes Indira Rana (EX Nepal Human Rights Commission Member)

ANLUS welcomes Indira Rana to the United States during her 3 months personal visit. She is scheduled to attend Association of Nepalese in the Americas Convention in July in Baltimore this year. She will also be traveling extensively throughout the US and meeting with Nepali jurists, lawyers and scholars.

BIOGRAPHY:

Ms. Indira Rana is a former Secretary of the Government of Nepal. She has an M. Phil. in Population and Law from Harvard University of the United States and a B. L. and M. A. in Political Science from the Tribhuwan University, Kathmandu. Ms. Rana, after serving for many years in various posts as judge, registrar in courts, Ministry of Law and Justice and other judicial bodies of the government, retired as Secretary of the Judicial Council Secretariat and the Judicial Service Commission.

Ms. Rana is the first woman in the history of Nepal to perform the last cremation and other rites following the death of her mother. As coordinator of the International Women’s Year Law Committee, 1975, she made significant contributions for the equal rights of women during the sixth amendment of the National civil code of Nepal. Ms. Indira Rana has served as a leader, founder and volunteer of various national and international organizations, such as the Nepal Red Cross Society-Kathmandu Branch, Nepal Cancer Relief society, Nepal Family Planning Association, Nepal Anti Tuberculosis Prevention Association, Nepal Children’s Organization, Senior Citizen Welfare Association, SAARC Law Nepal, Nepal Law Society, International Commission on Jurists, International Law Association, International Federation of Women Lawyers Association America, Rotary Club Kathmandu, Lions Club Kathmandu, United Nations Women Association, Business and Professional Women Club, National Election Observation Committee and Harvard Alumni Association Nepal. Decorated with various national awards such as the Prakhyat Trishakti Patt, Suprabal Gorkha Dakshin Bahu, etc. and international awards such as the Nafis Sadik Award, the Paul Harris Fellowship and Woman of the Year 2001, Ms. Rana has written books on law and numerous research papers on women’s rights and other topics.

Apart from representing Nepal in the United Nations General Assembly, Ms. Rana has participated in the Fourth World Conference on Women Beijing, International Election Observation (the Presidential election in Sri Lanka in 1999) and in various international conferences and seminars on law, women and human rights held in countries around the world. Active against injustice, exploitation and unequal practices against women, Ms. Rana has been especially involved in social activities of various types.

She is also affiliated with leading organizations such as Nepal Law Society, Harvard Alumni Association Nepal, International Commission on Jurists, Lions Club Kathmandu, Nepal Anti Tuberculosis Prevention Association, Nepal Family Planning Association, Professional Women Club, United Nations Women Association and The National Human Rights Commission (NHRC).

Republic Announcement Challenged in Apex Court

Republic Announcement Challenged in Apex Court Source: www.thehimalayantimes.com

Ananta Raj Luintel

Kathmandu, June 2 A writ petition was filed in the Supreme Court today challenging the implementation of federal democratic republic by the first meeting of the constituent assembly on May 28. Ram Kumar Ojha of Nepali Janta Dal filed a writ in the apex court asking the court to cancel the decision of CA as the first sitting of the CA was not enough to declare it, as it had only 564 members. The 564 members couldn’t decide for republic as the interim constitution needs all 601 members present in the CA meeting, Ojha argued in the petition. The petition also asked for an interim order for the selection of president and vice president only after the nomination of 26 more CA members. SC source said that the initial hearing on it would start tomorrow.

ANLUS congratulates Advocate Bandita Sharma :: Passed Feb 08 NY Bar Exam

Association of Nepalese Lawyers and Scholars in the United States would like to congratulate Advocate Bandita Sharma, (B.L. 2000) Nepal Law Campus and LLM (USA) for passing the New York Bar Exam held on February 2008. Mrs. Sharma is currently residing in Pennsylvania. Mrs. Sharma is an example to the young lawyers and law students from Nepal, who aspire to make the legal profession as a career. Mrs. Sharma practiced human rights law in Nepal and remains associated with some leading human rights organisations.

Mrs. bandita Sharma can be reached at bands_226@yahoo.com