A division bench of SC Justices Damodar Prasad Sharma and Baidhyanath Upadhya issued an order to this effect in response to a writ petition filed by advocate Santosh Basnet and journalist Pushpa Thapaliya.[break]
"The bench hereby orders the government to set up an institution (museum) to ensure the rights of Nepali citizens to observe and study Nepal´s original map and other historical documents, which have remained beyond people´s access for decades," states the order.
The bench said that anyone who is interested, including Nepali nationals, can access Nepal´s map and other historical documents for purposes of research, reading, observation and carrying out investigations only if something like a museum is created to house such documents.
Nepal´s original map and other historical documents concerning the country´s properties, territories, sovereignty and security have not been accessible to people for decades.
Earlier, following initial hearings on the writ petition, the SC single bench had asked government authorities to furnish written clarifications as to where Nepal´s original map and other historical documents are. The bench also ordered government employees to furnish the original documents to the court along with written clarifications.
Furnishing the written clarifications, government authorities admitted that they have long failed to take control of the country´s original map and historical documents and said that they are working tirelessly to obtain such documents.
In Wednesday´s order, the SC said it is satisfied by the government´s written clarifications but ordered the authorities to set up a museum and also to sort out disputes related to land encroachments.
After the SC issued its order, officials at the SC informed journalists that Nepal´s original map is at the Library of Congress of the US.
"The bench also orders the government to deploy units of the Armed Police Force at various border areas and settle disputes related to land encroachment that surface time and again," reads the order.
The bench has also cautioned the authorities to settle disputes through diplomatic norms. "Government officials are asked to sort out disputes related to land encroachment and other border-related issues through diplomatic norms, keeping in mind the seriousness of the sovereignty, liberty and integrity of the country," the order further states.
Writ petitioners have demanded that the court issue an order to the Nepal government to internationalize border encroachment issues so that the problem could be resolved through bilateral negotiations. According to facts mentioned in the writ petition, Nepal´s total area is 147,181 sq km. Of this total area, 60,000 hectares in 23 bordering districts has already been encroached, allegedly by India.
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