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It is the legal right of every person to appeal to the higher court against the decision of the trial court in any case. However, according to the verdict, due to the existing provision of having to stay in jail for exercising this right without paying a fine, it is not being implemented in the case of many.
The Ordinance on Good Governance brought by the government has changed it and introduced a law so that an appeal can be made without going to jail by paying only 15 percent more of the bail . Due to this system, many people who cannot pay it have been appealing in jail in lieu of default and bail.
The government has brought an ordinance on Monday to amend this provision in section 137 of the Civil Code of Criminal Procedure. According to which, now the convicts who have been sentenced to imprisonment of less than 10 years by the first court can appeal by paying an additional 15 percent of the bond set for pre-trial detention and staying outside the jail.
Legal experts have analyzed that this amendment has removed the obstacles caused by non-payment of fines and fines to citizens' right to appeal.
'One-level appeal is considered as a right by our constitution, but if you can't pay fines and fines, you have to stay in jail to enjoy that right,' Advocate Subas Acharya said, 'This amendment has removed the narrowing of constitutional rights, which is good  ;.' is . After being sentenced to 9 years imprisonment by a special court in June last year for corruption of Rs 4.46 billion, former Director General of Revenue Department and member of Tax Evasion Commission Chudamani Sharma is appealing from inside the prison.
Acharya said that since this situation has happened in the case of many others, there has been an increase in the demand for amendments to the Act.
The government has amended 13 laws on the promotion of good governance along with the Criminal Procedure Code through that ordinance. According to which, now the government has simplified the performance and brought a provision that the responsible officer should take a decision within 7 days in any matter. However, this provision will not be applicable in cases where the decision-making period is specified in the law itself. Similarly, the definition of the Nepal government has also been changed to delegate authority instead of the current system of taking all matters to be done by the Nepal government to the Council of Ministers.
The ordinance has also made some amendments in the local government operating procedures. According to which, if both the president, vice president or chief and deputy chief are suspended at the local level or if both positions are vacant for some reason, the members of the executive can choose the acting chairman, vice president or chief or deputy chief. Similarly, from now on, if the post of ward president becomes vacant, the ward members will be able to choose someone from among themselves to act as caretaker.
Similarly, the pensionable age for workers has been increased from 58 to 60, while national identity cards will be made mandatory to prevent embezzlement in social security allowances.
According to the revised provisions, now the compensation that the crime victim will receive will be given to the spouse, children or parents in case of his/her death.
