Chief Justice Issues 21 Directives to Improve Judiciary

Kathmandu. Chief Justice Dr. Manoj Kumar Sharma has issued 21 special directives to the chief justices and justices of the high courts to improve the image of the judiciary and make justice delivery effective.

Immediately after assuming office, he called the leaders of the high courts and benches across the country and gave strict instructions to bring about a radical change in performance. The directives issued by the Chief Justice have prioritized the settlement of old pending cases, control of corruption, use of technology, and service-user-friendly behavior.

Cases Older Than 18 Months to Be Reduced to Zero

The main point of the directive has a strategic goal of reducing the case backlog. The Chief Justice has ordered to work towards bringing all cases older than 2 years by the end of this financial year and older than 18 months by the end of Poush 2083 to zero. For this, the 'Different Case Management System' has been made mandatory to implement.

Zero Tolerance Towards Middlemen and Irregularities

The Chief Justice has put forward a policy of zero tolerance towards irregularities, undue influence, and the activities of middlemen within the court. 'Monitor every step from court entry to the execution of the verdict closely,' the directive states, 'If any kind of misconduct occurs, initiate immediate action.'

Preparation for Online Hearings and Live Streaming

The Chief Justice has emphasized making justice delivery technology-friendly. Now, instead of physical presence, online hearings, and taking depositions and statements through video conferencing will be expanded in the high courts. The plan to live stream hearings in the bench, as far as possible, and to further systematize the automated hearing scheduling system is also mentioned in the directive.

Toll-Free and WhatsApp for Grievance Hearing for Service Users

To make access to justice easier for the general public, the courts have been directed to develop WhatsApp, Viber, toll-free numbers, and online grievance systems. A system should be developed to keep a record of received grievances, address them in a timely manner, and inform the concerned parties. Similarly, citizen charters should be displayed in local languages so that service users can understand them.

Monthly Reports to Be Submitted

A system has been put in place to send a brief report every month to the Chief Justice's secretariat regarding improvements in the court, the status of case settlement, and governance efforts. The chief justices have also been made responsible for strictly enforcing the code of conduct for judges and staff, e-attendance, and adherence to office hours.

Emphasis on Victim-Friendly Justice and Mediation

While directing to adopt a swift and sensitive justice process for cases involving women, children, the elderly, and persons with disabilities, the Chief Justice has set a target of sending at least 50 percent of cases that can be mediated to the mediation process. The Chief Justice has called upon the judges to be dedicated to the journey of judicial reform, stating that the responsibility of judicial administration entrusted by the constitution is not possible alone but only through collective effort.

Hearing Management, Cause List, and Bench Management

Instructions have been given to publish the cause list on time, provide reasons if it cannot be published, sit on the bench at the scheduled time, and update the status of orders or judgments of heard cases in the software on time. To minimize the situation of cases not being heard, not being able to be heard, or being unnecessarily adjourned, instructions have been given to manage case management, bench management, and coordination with legal practitioners.

Use of Information Technology

Instructions have been given to make effective the process of informing parties and stakeholders about the status of case proceedings through SMS, email, software, and other digital means. Arrangements should be made to exchange correspondence and documents between courts through software and email as much as possible. Instructions have been given to give high priority to the digital entry of case files, judgments, records, and proceedings.

Regarding Judgment Writing

It has been stated that long delays in preparing the full text of judgments lead to negative comments about the judiciary and affect the access to justice for the parties involved. Therefore, high priority should be given to preparing and having judgments prepared within the period stipulated by law. A plan should be prepared regarding pending judgment writing, its reasons, the responsible bench/section, and a work plan, and regular monitoring should be done.

Regarding Execution of Judgments

The courts at the Malat (local) level should be activated to update the pending records of imprisonment, fines, government dues, compensation, and other judgments and execute them as a campaign. The 'Bikram Sambat' formed at the district court level should be activated and coordination should be done with the police, local levels, government bodies, and other stakeholders. The progress achieved in the execution of judgments should be reviewed monthly, and if obstacles are encountered, immediate solutions should be adopted.

Regarding Victim-Friendly Justice and Justice with Compensation

To truly implement the right to justice with compensation envisioned by the constitution, instructions have been given to ensure interim relief, compensation, protection, and respectful treatment in the judicial process for victims. Especially for cases involving women, children, the elderly, persons with disabilities, the helpless, the economically disadvantaged, and victims of violence, a swift, sensitive, and victim-friendly justice process should be adopted.

Regarding Mediation and Alternative Dispute Resolution Methods

Special efforts should be made to achieve the strategic goal of sending at least fifty percent of cases that can be mediated to the mediation process and resolving a significant number of them. The list of mediators, counseling, progress review, and outcome records should be systematized. Mediation should be strengthened as a supplementary means of justice in disputes that can be mediated, including family, civil, and commercial matters.

Regarding Access to Justice

For service users who may be deprived of easy, simple, and accessible access to justice due to economic, social, geographical, or other reasons, the services of paid lawyers should be made effective. A system should be developed in coordination with bar units to provide pro bono services, maintain records, and monitor service quality. Application formats, information materials, and assistance services should be made available in simple language.

Regarding Ensuring Judicial Monitoring in Statements, Depositions, and Evidence Examination

During the examination of parties' statements, witnesses' depositions, and evidence, effective judicial monitoring and, as far as possible, the use of technology and equipment should be ensured. Procedures should be followed to ensure the accuracy, voluntariness, confidentiality, record-keeping, and court control of statements and depositions. Special vigilance should be exercised as errors at this stage can affect the impartiality of the case.

Regarding Financial Discipline, Budget Priorities, and Transparent Expenditure Assurance

In a situation where court needs are high but the budget is limited, available resources should be spent on a priority basis. High priority should be given to service delivery, information technology, record management, victim-friendly services, backlog reduction, and minimum infrastructure. Financial discipline, transparency, justification, and regularity in budget expenditure should be ensured through monitoring. Arrangements should be made to collect court fees and charges through banking or digital systems as much as possible.

Regarding Conduct, Attendance, Security, and Performance of Judges and Staff

The code of conduct for judges and staff, e-attendance, office discipline, dignified behavior, and accountability towards service delivery should be strictly followed and enforced. Mandatory leave approval should be obtained when leaving the headquarters, discipline should be maintained within the court premises, and necessary arrangements should be made according to security sensitivities. Furthermore, efforts should be made to conduct appropriate programs for the mental health, workload management, and security of judicial personnel.

Regarding Enhancement of Public Trust

Enhancing faith and trust in the judiciary is the focal point of judicial reform. Judicial Outreach, Meet the Judge, Meet the Press, Courts among Students, Dialogue with Stakeholders, Service User Feedback, and Public Information Dissemination should be conducted creatively. Criticism should be taken as an opportunity for improvement, weaknesses should be identified, corrective steps should be taken, and efforts should be made to deliver results that the public can feel. The strategic plan of the judiciary is the main policy document for judicial reform.