According to the annual report of the apex court, only about 10 percent of verdicts on PIL during 2011/012 were implemented by the government, which is responsible for enforcing court verdicts. The SC on Sunday submitted its annual report to the president. [break]
Asked why only 10 percent of PIL verdicts were implemented during 2011/12, SC Spokesperson Shrikant Poudel said, “It might be because of the absence of parliament as the government cannot make the laws necessary to implement some of the verdicts.”
Legal and constitutional expert Bhimarjun Acharya stated that there are mainly three reasons behind the low level of implementation of SC verdicts in PIL.
“Firstly, some PIL cases are filed at the SC for cheap popularity; secondly, the apex court rules on the PILs without considering the implementation aspect,” said Acharya, adding, “Thirdly, there is a political culture of flouting laws and the constitution.”
Advocate Ram Narayan Bidari, who is affiliated to the UCPN (Maoist), fingers political instability as the major reason for poor implementation of SC verdicts in PIL. “The SC even issues orders on unnecessary PIL filed in order to gain popularity,” he added.
However, Prem Bahadur Khadka, former president of Nepal Bar Association, the umbrella organization of lawyers, accused the present government of being responsible for poor implementation of SC verdicts in PIL.
“It shows that the present government does not believe in the rule of law,” said Khadka, adding, “If unnecessary PIL is filed, it can be controlled.”
The SC had issued a total of 181 verdicts, including 114 directive orders and 67 mandamus orders, during 2011/012 but only 18 orders were implemented by the government.
During 2010/11, 30.93 percent SC verdicts in PIL were implemented. The apex court had issued 181 orders while only 56 orders were implemented by the government. There were 110 directive orders and 71 mandamus orders issued by the apex court during 2010/11.
Similarly, the government implemented 44.53 percent of the verdicts issued by the SC during 2009/10. The apex court had issued a total of 128 orders in PIL, including 86 directive orders and 42 mandamus orders, while 57 orders were implemented by the government.
During 2008/009, 34.16 percent SC verdicts in PIL were implemented. The government implemented 41 orders out of 120 orders issued by the SC.
Likewise, the government implemented 37.27 percent PIL verdicts during 2007/008. The apex court had issued 110 orders, including 75 directive orders and 35 mandamus orders. Altogether 41 orders were implemented during that year.
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