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Not Enforcing Court Rulings In Nepal
By KTM Metro Reporter
December 26, 2010: speaking at the interaction program titled "Human Right Violation, Access and Accountability of Justice for the Victims" held by Advocacy Forum in Banke, Western part of Nepal on Saturday, December 25, 2010, Nepalese lawyers have claimed that the government has failed in enforcing the court rulings in absence of a body monitoring the enforcement of the court decisions, and stated the need for setting up one such agency to deliver the justice to the people and ensure the people’ access to justice; in absence of the enforcement of the court rulings, Nepalis have been losing the faith in the judicial system, the participating lawyers said in the program, ‘The Rising Nepal’ of today writes.
Appellate Court judge Ratna Bahadur Baghchanda has said that more than 100,000 court decisions have been waiting for implementation if ever the government implements them; the government has been able to disregard the enforcement of the court decisions because of the lack of a body that monitors the effectiveness of rules and regulations.
Speaking at the same program, Regional Director of National Human Rights Commission, (NHRC) Murari Kharel has said that the government has also not implemented various recommendations made by the NHRC. In addition, the police have not registered cases of human rights violation causing the violation of the victims to justice
The police have their own story to tell. Speaking at the same program, police inspector of District Police Office Mahesh Bikram Shah has said that most of the police personnel have been unaware of cases of human rights violation adversely affecting the not sound investigation process that makes the human rights violation cases weaker. He has said that the investigation process is mainly based on verbal accounts least focused on evidences, ‘The Rising Nepal’ states.
On December 17, 2010, speaking at the interaction on ‘Good Governance and Justice’ jointly held by the Office of Prime Minister and Administrative Court, Chief Justice Ram Prasad Shrestha has said that the government needs to be serious about implementing the orders and decisions of the court, not being so has hampered the good governance in the country; the Chief Justice has also said that the responsibility of the executive is to enforce the court’s directive orders concerning the matters of public concern and legitimacy of laws but it has ignored, ‘The Rising Nepal’ of December 18, 2010 writes.
Chief Justice Shrestha has also said that the Supreme Court of Nepal has to spend most of its resources and time on settling the writs filed questioning the legitimacy of administrative decisions; so he has urged the top bureaucrats to make their decisions following the rules and regulations, and making them transparent and accountable.
