Court spokesperson Arjun Koirala said that the Supreme Court has issued an interim order on some partial issues related to the daily lives of the residents of the border areas.
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On Friday, the Supreme Court issued an interim order on the implementation of the decision of the Government of Nepal to impose customs duty on goods worth Rs 100. The bench of Justices Hari Prasad Phuyal and Tek Prasad Dhungana, through the interim order, asked the citizens of the border areas to be treated with respect while implementing the decision to impose customs duty on essential goods.
The Supreme Court spokesperson Arjun Koirala said that the Supreme Court has not issued an interim order on the implementation of the gazette notification itself, but on some partial issues that are related to the daily lives of the residents of the border areas.
The Supreme Court has said that while bringing in health-related medicines and daily necessities, it is treating every citizen with respect in a manner that does not violate the right to live with dignity as stipulated in Article 16 of the Constitution of Nepal. "Except for the purpose of transporting goods for commercial purposes or controlling the criminal act of smuggling, it is not necessary to stop the purchase and import of medicinal products related to the health of the concerned person, minimum necessities used in social relations, and minimum goods for personal use of the locals in the border areas," the Supreme Court order states. "While implementing the said notice regarding the importation in accordance with the law, the law enforcement authorities have issued an interim order to treat every person with respect and cause it to be treated in a manner that does not violate the right to live with dignity as stipulated in Article 16 of the Constitution of Nepal." The Supreme Court has also ordered a recall for the purpose of discussing in the presence of both parties whether or not to issue an interim order. ‘The petitioner has raised questions regarding the notification published in the Nepal Gazette on 15 Jestha 2082 and the practical issues arising during its implementation, and has sought an interim order not to implement the notification immediately,’ the order states. ‘Generally, it appears that the state has the sovereign right to impose customs duty and the Government of Nepal can grant exemption under such right in Section 13(3) of the Customs Duty Act, 2081.’
The Supreme Court’s order states that the decision will be taken when the validity, relevance and propriety of the limit of Rs. 100 set by the Government of Nepal and the Ministry of Finance by publishing a notification in the Nepal Gazette will be decided.
Updated with corrections
