Supreme Court Issues Interim Order Ensuring Right to Live with Dignity
The Supreme Court has issued an interim order in the name of the government to ensure the constitutional right of citizens to 'live with dignity'. On Jestha 1, a joint bench of Justices Hari Prasad Phuyal and Tek Prasad Dhungana issued such an order in a case filed regarding practical problems at customs and the harassment given to citizens.
The Supreme Court's order states, '...except for controlling the offense of transporting goods for commercial purposes or smuggling, regarding bringing minimum essential goods related to the health of the concerned person, goods of minimum necessity used in social relations, and minimum personal use goods of local residents of border areas for purchase according to law, when implementing the said notice, the law enforcement officers should treat each person with respect, in accordance with Article 16 of the Constitution of Nepal, the right to live with dignity, and an interim order has been issued in the name of the respondents as per Rule 49(2)(a) of the Supreme Court Regulations, 2074. Inform the respondents of this order and proceed as per regulations.'
Advocate Amitesh Pandit and others had filed a writ petition making the Office of the Prime Minister and Council of Ministers and others as respondents. The writ sought an order not to implement the notice published in the Nepal Gazette on 2082/02/15 under Section 13(3) of the Customs Duty Act, 2081, and the practical difficulties raised in its implementation. Similarly, a demand was made for an interim order to invalidate the government's decision to set a limit of one hundred rupees.
However, the court has stated that the validity, relevance, and justification of the 100 rupee limit set by the government will be considered only during the full hearing, and for now, it has directed to ensure the citizens' constitutional right to 'live with dignity'.
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