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KATHMANDU, June 15: The Supreme Court (SC), which has faced criticisms for taking 10 to 15 years to resolve some cases, has now taken the initiative to clear cases older than eight years.
According to Achyut Kuinkel, the spokesperson of the court, the SC is determined to reduce such old cases to zero by the end of Asar (mid-July). He stated that the court has started working by prioritizing cases that have been pending for years.
Currently, only six cases that are older than eight years remain in the SC, which has the highest number of old cases. As per data till the end of Jestha (mid-June), a total of 25,006 cases are still pending in the SC. Among them, 1,498 cases are over five years old, and 9,500 cases are more than two years old.
According to Spokesperson Kuinkel, not only the SC but also high and district courts across the country are conducting a campaign to reduce old cases. The SC has launched this effort under a fast-track initiative to resolve older cases. Separate staff have been assigned specifically for handling such cases.
As of Shrawan 2081 (mid-August 2024), there were 309 cases that were over 8 to 10 years old. Spokesperson Kuinkel stated that these are now gradually being resolved.
Over 2,030 cases over five years old still pending at SC
A nearly 13-year-old case involving former Speaker Agni Prasad Sapkota had been scheduled for a verdict but was later sent back to the bench. The date for delivering the decision had been fixed during the tenure of Chief Justice Bishwambhar Prasad Shrestha.
After Chief Justice Shrestha retired due to reaching the age limit, the case was sent back and the hearing resumed. On June 4, the Constitutional Bench finally delivered the verdict. Old cases related to corruption and casinos have been resolved.
An old case concerning the trademark registration claim of Tiger Brewery was heard last week and has now been finalized. In that case, the Director General of the Department of Industry (DoI) was fined Rs 1,000 for the delay in submitting the file.
“Despite repeated orders since 2073 BS (2016), the file in the Tiger Brewery case did not arrive. After that, the Director General of the DoI was fined Rs 1, 000,” said spokesperson Kuinkel, “After the fine, the file was submitted immediately, making it easier to resolve the case.”
He said that technical reasons have also caused delays in resolving old cases. Similarly, a verdict date has been set for July 2 for a four-year-old case concerning the appointment of officials to constitutional bodies. Previously, then Prime Minister and Chairperson of the Constitutional Council, KP Sharma Oli, had appointed 52 individuals to various constitutional bodies.
A writ petition was filed in the SC challenging the appointments, claiming they were made based on an ordinance. It has taken more than four years for a final decision on this petition.
Spokesperson Kuinkel stated that the campaign has been organized so that old cases will no longer be postponed during hearings. Judges who were unable to review cases under the circulatory system have been separated, and those cases have been placed in a scheduling process. For cases where the files have not arrived, court staff are sent directly to the relevant offices to retrieve them. It has been arranged that cases must be scheduled within one month without fail.
“I personally carry the details and follow up to find out why a case has been delayed,” said Kuinkel, who is also the head of the Case Management System.
He claimed that each case is being individually reviewed and managed for hearings. “We plan to resolve and clear all cases older than eight years by the end of Asar ,” he said. Some cases are currently scheduled for hearing. Unless there is a special circumstance requiring postponement or any other obstacle, cases older than eight years will be concluded according to the court’s plan.
Chief Justice Prakash Man Singh Raut has instructed the chief judges of high and district courts to resolve old cases as quickly as possible. Chief Justice Raut, at an event held last week, stated that everyone is committed to successfully clearing all cases older than eight years in the SC by the end of Asar (mid-July). He also mentioned that the SC plans to reduce cases that are over five years old by 2083 BS.
“We are the ones who must bring reform. The determination and resolve must come from within us,” Chief Justice Raut said, “Good progress is also being made in the high courts to clear cases.”
