http://thehimalayantimes.com/fullNews.php?headline=Courts+mired+in+lack+of+communications&NewsID=261040

Himalayan News Service

KATHMANDU: Courts and government authorities have been facing problem due to the ineffective circulation of the Nepal Gazette.

As the latest point in case, Kaski District Court had a case related to cyber crime a few days ago, but when it came to know that it lacked jurisdiction, the case was forwarded to the Kathmandu District Court (KDC).

“The ministry had issued a notice giving the jurisdiction only to the Kathmandu District Court which was published in the Nepal Gazette. Since there was not an effective mechanism of dispatching it, the Kaski District Court had registered the case,” said an official at the Ministry of Law. “That’s why we do not have proper record-keeping system.” Electric Transaction Act and Rules has not provided jurisdiction to any court to look into such cases. However, the Ministry of Law had provided the jurisdiction two years ago to the Kathmandu District Court only. Ever then, there is a confusion over the jurisdiction.

Judge Narayan Prasad Pokhrel had referred the case to the KDC after he knew that the notice was published in the Gazette. “We have given the KDC the authority because they are related to recent technology and the judges at KDC are capable of looking into such cases,” said Madhav Paudel, law secretary.

Recognising the cyber crime as a special offence, the law has it that a special bench has to look into such cases and had proposed to set up information-technology tribunals. However, the government is yet to set up the tribunals citing that the cases as such are not enough.