The show cause order was issued by Judge Nripadhwaj Niraula.
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The Supreme Court has issued a show cause order on a writ petition filed seeking to ensure immediate access to justice during a state of emergency in Nepal. The show cause order was issued by Justice Nripadhwaj Niraula.
The writ petition filed by law students Roshan Aujee, Nikesh Nepal and Bivek Chaudhary claimed that the situation of not getting justice when there is an immediate threat to the life, liberty, honour and property of citizens during the court closure, public holiday or when regular sessions are not held is unconstitutional.
The petition stated that ‘speedy and emergency judicial access’ is included in the right to justice under Article 20 of the Constitution, and demanded that the Supreme Court should have an emergency session that can operate 24 hours a day for the effective implementation of the principle that ‘justice delayed is justice denied’.
The petitioners have raised the issue of the failure to exercise that power by exercising that power, even though Rules 3(4) and 4(3) of the Supreme Court Rules, 2074 BS, has given the Chief Justice the power to schedule sessions outside the working hours of the court and even on holidays, as a serious constitutional question.
