It is also not appropriate to discourage public interest writs. It plays an important role in discouraging the arbitrariness of the government, interpreting constitutional norms, establishing political ethics, etc. He ultimately contributes to the good governance of the country. Rather, how to make the people's issues dynamic with such writs. Compared to the volume of cases, the number of judges in the Supreme Court is not enough.
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There is a belief in the field of justice - getting justice late is like not getting justice at all. Basically, such a belief must have been developed keeping the common man in the center, the period of judgment in whose case makes a significant difference in his life cycle. They are piling up their cases in the Supreme Court.
People who have been working for years to resolve issues such as share, alienation, transaction, contract, divorce, relationship maintenance from different geographies are always found in the premises of the Supreme Court . Due to the fact that the case is not resolved on time, other aspects of their life are affected and confused.
Therefore, naturally, it is expected that the issue of common people will get priority and be resolved quickly. The Supreme Court is invited to hear writs related to the government, government organs and agencies, public officers, and constitutional provisions. Therefore, it is necessary to find a way to get a speedy solution to the cases of common people without underestimating the importance of Writ, PIL (Public Concern).
Currently, 24 thousand 101 cases are pending in the Supreme Court, of which 4 thousand 868 writs are filed and 19 thousand 233 cases. But on an average only 60-80 cases are heard every day. Even more time is spent on the writ. As, 4 hundred and 14 payees were fixed in the Supreme Court last Sunday . Among them, 72 i.e. 5.75 percent cases were heard and 342 cases were moved for various reasons. Out of those that were heard, 10 were cases and 62 were writs.
The number of legal disputes between individuals who have reached the court, which is called a case, is very high, but the hearing is very few. On the other hand, it seems that the hearing of disputes seeking constitutional and political solutions, which are called writs, is given a high priority . On the other hand, Supreme Court case clearance rate is also relatively low. In the district and high courts, the case clearance rate is above 65 percent, while in the Supreme Court, it barely reaches 40 percent. Therefore, there is a need for the Supreme Court to increase its speed and keep the case in the priority selection .
The less common people have to get involved in the judicial process, the stronger the trust in the court becomes. Belief in democracy and the state system is also connected with the justice that one gets personally. Therefore, it is necessary to resolve the case quickly not only to increase the trust in the court itself, but also to increase the trust in democracy and the state system.
It is not that the Supreme Court did not work to put aside the cases of common people . With the aim of reducing the backlog of old cases, work has also been done by setting up a campaign for access to justice. It has also brought significant improvement. While there were cases of 10 to 12 years in the Supreme Court, now the cases of 8 years ago have been reduced to zero .
has succeeded in keeping 24,000 pending cases out of a total of 40,000. According to the statistics of the Supreme Court, out of about 6,000 cases that have exceeded five years, only 1,400 cases remain, with three-fourths being dismissed. It is aimed to dispose of cases older than five years by the end of June 2083.
Even if 5, 8 or 10 years are seen in the statistics of the Supreme Court, the people who are looking for justice face trouble in the village, then they have spent years in the district court and the high court. So overall, the process of seeking justice has been very long . Which has made many tired . The Supreme Court should also take care of this aspect of common people. It is also not appropriate to discourage
public interest writs . It plays an important role in discouraging the arbitrariness of the government, interpreting constitutional norms, and establishing political ethics. He ultimately contributes to the good governance of the country. Rather, it is how to make the people's issue dynamic along with such writs . The number of judges in the Supreme Court is not enough compared to the volume of cases. If the
position is to be maintained, the rights can be extended . As such, the power to dispose of writs/cases related to the state and local levels can be given to the High Court . It resolves many disputes at the highest level. In the event that the post is vacant, the process of appointment should be started immediately.
If there is a right to file a writ on matters of public interest, in some cases, writs that are not sufficiently studied, repetitive, and have the purpose of creating procedural harassment are registered . For example, on the basis of unconfirmed rumors that a certain person is being appointed to a post, a writ is also filed to 'stop the appointment'.
It is difficult to distinguish how much such writs are necessary and how much trouble they are intended to create. Such writs have only wasted the court's time . Therefore, it is necessary to organize the method of filing a writ . There is no need for multiple writs on the same subject. Writs related to habeas corpus should be given high priority .
A 'dedicated' bench needs to be assigned . If a 'dedicated' bench can be created for PILs and writs, it will be heard there . People's cases will be heard in the regular court. It does not affect the two natures of the bench, it can also become a situation of speedy hearing . Right now, the Supreme Court is conducting a campaign to dispose of old cases. It has also achieved remarkable success. Experience can be gained from it .
Many legal professionals have come to discuss the writs of political/constitutional matters, especially those involving famous people or many people's interest. Since last Thursday, the hearing of the case filed alleging that there was corruption in the construction of Babai Bridge has been going on in the 4th bench of the Supreme Court, while the case of Nepal Electricity Authority's transformer scam is going on in the 10th. More than 20 lawyers have signed up for debate in both these cases. Arguing with everyone takes a lot of time .
This has naturally affected people's viewing time. It can also be arranged . An option can be found that will protect the right to hire a legal practitioner and save the time of the court. For example, there may be an option to set a fixed time for one party or to set a time for each legal practitioner and encourage the rest to give discussion notes or other practical criteria can be made.
