Enforcement of Civil and Criminal Codes from August doubtful

Published On: July 20, 2018 07:02 AM NPT By: Ananta Raj Luitel

KATHMANDU, July  20: Doubts have surfaced regarding the enforcement of civil and criminal codes from August 17. The civil and criminal codes, which were enacted after a long preparation, are unlikely to be enforced due to the lack of required rules, directives as well as insufficient preparation by the implementing agencies.

"The government is ready to implement the codes but the implementing agencies have informally reported that they are not fully ready to enforce the new codes," Sher Bahdur Tamang, Minister for Law, Justice and Parliamentary Affairs, told Republica. According to him, the implementing agencies have asked the government informally to wait for a few more months as they prepare to enforce the codes.

"We will consider their request if the implementing agencies request us formally because the government alone cannot to enforce the codes," Tamang added.

Although the implementing agencies have not said it directly that they are not ready to enforce the codes, they underlined the need for more time as enough preparations have not been made for the enforcement of the codes.

According to sources, the Supreme Court is studying reports prepared by various committees for the enforcement of the codes.

A committee comprising of apex court justices Ishwor Prasad Khatiwada and Ananda Mohan Bhattarai has been studying the aspects of implementing the criminal code. Judges Tek Narayan Kunwar, Tek Prasad Dhungana, Durga Dhungel and Tika Ram Acharya have been supporting the committee. Similarly, another committee of justices Sharada Prasad Ghimire and Bishwombhar Prasad Shrestha has been studying the implementation part of the civil code. Judges Hari Prasad Bagale, Rajendra Kharel, Narendra Siwakoti, Bishnu Upadhayay and Surya Parajuli have been supporting the committee.

A committee of Supreme Court justices Deepak Kumar Karki and Anil Kumar Sinha has been making preparations for enacting the required rules and directives to enforce the codes. Judges Shreekanta Paudel, Bipul Neupane, Rishi Acharya and Krishna Subedi have been supporting the committee.

According to a member of one of the committees, they have drafted court management directives, bail and security directives, verdict enforcement directives and court summon directives in order to facilitate the enforcement of the codes.

"Previously, the full court meeting of the Supreme Court used to discuss about enforcement of the codes every Wednesday. Currently, it is being discussed for expediting the process every day," he added.

Supreme Court Registrar Mahendra Nath Upadhayay informed that the judiciary is almost ready to enforce the new codes as it has already trained district and high court judges.

"There might be contradictions on the provisions but the parliament holds the power change them," he said, adding, "We need more human resources in order to enforce the codes."

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