Bhasa Sharma

The contributor for Republica.
news@myrepublica.com

Judicial Council Regulations amendment triggers bar-bench conflict

Published On: September 15, 2024 07:07 PM NPT By: Bhasa Sharma

KATHMANDU, Sept 15: A year ago, an amendment to the Judicial Council Regulations sparked a conflict between the Bar (legal practitioners) and the Bench (judges). Nepal Bar Association (NBA) insists that the process of appointing judges should not proceed until the amended regulations are repealed.

Former NOC General Manager Yuvraj Sharma found guilty of corruption after 20 years

Published On: September 14, 2024 03:00 PM NPT By: Bhasa Sharma

KATHMANDU, Sept 14: The Supreme Court (SC) has sentenced former general manager of Nepal Oil Corporation (NOC), Yuvraj Sharma, to one year in prison and imposed a fine of Rs 3.4 million in a corruption case. The court made this decision by partially overturning its verdict from 10 years ago in a corruption case that dates back 20 years.

Why is the Supreme Court's ruling on riverside land controversial?

Published On: September 14, 2024 08:05 AM NPT By: Bhasa Sharma

KATHMANDU, Sept 14: The Supreme Court's decision to designate 20 meters of land along riversides in the Kathmandu Valley to make it environmentally friendly has sparked widespread discussion and protest. A dispute seems to have arisen between the government and the Kathmandu Metropolitan City (KMC) regarding this ruling.

Government’s failure to adhere to constitutional requirements delays appointment of chief justice

Published On: September 10, 2024 02:00 PM NPT By: Bhasa Sharma

KATHMANDU, Sept 9: The government’s failure to follow constitutional procedures has once again delayed the appointment of a new chief justice. With the current Chief Justice Bishowambhar Prasad Shrestha set to retire on October 6 due to age limitations, the Constitutional Council has yet to recommend a successor—a constitutional requirement that should have been fulfilled a month in advance.

SC upholds right to live, orders govt not to limit organ transplant to relatives

Published On: September 6, 2024 10:01 AM NPT By: Bhasa Sharma

KATHMANDU, Sept 5: The Supreme Court (SC) has ordered an amendment to the law so as not to limit the transplantation of human organs, including kidneys, to the recipients’ relatives. A joint bench of Justices Hari Prasad Phuyal and Kumar Chudal has ordered the Ministry of Law, Justice and Parliamentary Affairs to broaden the existing law that prescribes conditions for organ transplant.

Supreme Court orders amendment of proportional representation law

Published On: August 22, 2024 09:00 AM NPT By: Bhasa Sharma

KATHMANDU, Aug 22: The Supreme Court (SC) has directed the amendment of the law governing the proportional representation electoral system, asserting that it fails to adequately address the needs of targeted groups. The SC has called for a review of the House of Representatives Members Electoral Act, 2017, as well as other relevant electoral laws, ahead of the upcoming periodic elections.

SC rules in favor of self-perceived gender identity, mandates govt to amend personal records

Published On: August 5, 2024 11:15 AM NPT By: Bhasa Sharma

KATHMANDU, Aug 5: The Supreme Court (SC) has mandated the government to amend the gender identity details of a transgender woman, Ruksana Kapali, to reflect her self-perception as a woman. According to the SC’s ruling, gender identity, according to one's self-perception, falls under the right of individuality and self-determination.

Kathmandu records highest number of divorce cases with 13 couples filing for divorce daily

Published On: July 27, 2024 01:00 PM NPT By: Bhasa Sharma

KATHMANDU, July 27: In Kathmandu, which has the highest number of cases among all districts across the country, an average of 13 divorce cases are filed daily over the course of a year. According to data from courts nationwide, divorce cases are the most frequently filed.

Advisory task force recommends keeping marriage age at 18

Published On: July 22, 2024 10:10 AM NPT By: Bhasa Sharma

KATHMANDU, July 21: Highlighting practical issues in the country’s criminal law, an advisory task force has suggested lowering maximum minor age and keeping minimum marriage age at 18 years. A nine-member advisory task force, chaired by the then attorney general, has recommended to the government that it is suitable to lower the maximum minor age and set the minimum marriage age at 18 years. Currently, the law sets the maximum minor age at 18 years and the marriage age at 20 years.

SC rules one govt entity cannot file a case against another

Published On: July 10, 2024 02:15 PM NPT By: Bhasa Sharma

KATHMANDU, July 10: The Supreme Court (SC) has ruled that one government entity cannot file a case against another. A joint bench of Justices Hari Prasad Phuyal and Balkrishna Dhakal clarified that fundamental rights pertain solely to citizens and issued an order to refer disputes involving government entities to the Chief Secretary if legal rights are violated.

NHRC urges govt to end torture in custody and prisons

Published On: June 30, 2024 08:52 PM NPT By: Bhasa Sharma

KATHMANDU, June 30: The National Human Rights Commission (NHRC) has urged the government to cease all forms of criminal torture against individuals in custody and prisons and to fully implement the NHRC's recommendations. The NHRC made this appeal because the government has not given priority to the recommendations made in response to complaints of torture submitted to the NHRC.

Only eight candidates pass exams conducted for 43 district judge positions, no women selected

Published On: June 21, 2024 02:55 PM NPT By: Bhasa Sharma

KATHMANDU, June 21: Only eight candidates have passed the examination conducted for 43 positions of District Judge. Under the inclusive quotas, only one candidate managed to secure a position under the indigenous quota. In the written examination conducted by the Judicial Service Commission in mid-May, not a single candidate passed in the reserved categories for women, Madhesis, Dalits and persons with disabilities.

SC orders fallow land to be registered under government ownership

Published On: June 5, 2024 10:40 AM NPT By: Bhasa Sharma

KATHMANDU, June 5: The Supreme Court has issued a directive to the local authorities to protect community property, declaring that about 93 ropanis of fallow land usurped by individuals for nearly 30 years, should be registered in the name of the government.

SC prohibits assigning traffic violators to road duties

Published On: June 2, 2024 08:40 PM NPT By: Bhasa Sharma

KATHMANDU, June 2: The Supreme Court (SC) has issued an interim order preventing individuals charged with traffic violations, such as drunken driving, lane indiscipline, and overspeeding, from being assigned as traffic volunteers.

SC tells government not to distribute forest area to landless squatters

Published On: May 20, 2024 10:45 AM NPT By: Bhasa Sharma

KATHMANDU, May 20: The Supreme Court (SC) has issued a mandamus order in the name of the government to explore other alternatives for managing landless squatters without resorting to clearing forests. The SC has urged the government to look for an alternative without solely relying on forest land to address the growing issue of landless squatters.

Supreme Court sets new precedent, distinguishes marital rape from rape in a landmark ruling

Published On: May 2, 2024 03:00 PM NPT By: Bhasa Sharma

KATHMANDU, May 2: The Supreme Court (SC) has reduced the sentence of a man convicted of marital rape from eight years to just two months.

Hearing on 'murder' case against Agni Sapkota scheduled in SC after 17 years

Published On: April 29, 2024 10:00 AM NPT By: Bhasa Sharma

KATHMANDU, April 29: A case filed against former speaker of the House of Representatives, Agni Sapkota, regarding an incident during the armed conflict has finally been scheduled for hearing after a prolonged delay. Several such cases related to armed conflict are currently pending before the Supreme Court (SC).

Fake Bhutanese refugee case: SC orders continued pre-trial detention for seven individuals including former DPM Rayamajhi

Published On: April 26, 2024 02:30 PM NPT By: Bhasa Sharma

KATHMANDU, April 26: The Supreme Court has upheld the decision to keep former Deputy Prime Minister and UML leader Top Bahadur Rayamajhi, along with the then Home Secretary Teknarayan Pandey and seven others, in pre-trial detention in connection with the fake Bhutanese refugee case.

SC orders not to charge arbitrary fees for certifying power of attorney for Nepali citizens residing abroad

Published On: April 8, 2024 08:00 AM NPT By: Bhasa Sharma

KATHMANDU, April 8: The Supreme Court (SC) has issued a mandamus order in the name of the government not to impose arbitrary fees for Nepali citizens residing abroad while appointing their legal representatives in Nepal.

SC upholds Pashupati Mahasnan Pota Guthi land as non-transferable Raj Guthi land

Published On: March 27, 2024 08:30 AM NPT By: Bhasa Sharma

KATHMANDU, March 27: The Supreme Court (SC) has explained that the land belonging to the Pashupati Mahasnan Pota Guthi land cannot be made Raitani Nambari land. “The SC upheld the decision made by Guthi Sansthan in 2070 BS that the land of Pashupati Mahasnan Pota Guthi should remain in the name of registered persons so that the ownership rights cannot be transferred to others.