In Section 1 of the Administration of Justice Act, 2073, there is a provision to have a High Court in the capital of each province. But even after six years have passed since Godavari was designated as the capital of Sudurpaschim Province, there is no sign of the government moving the High Court Dipayal to Kailali.
Lawyers and stakeholders have demanded that the high court be shifted to Kailali, the state capital, saying that justice consumers here have been killed.
Article 288 of the Constitution states that until the capital of the state is designated, the High Court will be located at the place designated by the government in consultation with the Council of Justice. The capital of the Sudurpaschim Province was not designated when the government converted the Court of Appeal into the High Court Dipayal when it was a Sudurpaschimlan Development Zone.
However, the government is silent on this matter even after a long time has passed since the state assembly designated Godavari as the capital. Lawyers say that 70 to 80 percent of cases come in Kailali compared to other districts. Looking at the pressure of the case, they demand that the high court should be moved to Kailali as soon as possible . When the cases that have not been settled by the district court are sent to Dipayal, the service users have suffered a double blow financially and mentally.
A person from Kailali said on condition of anonymity that they have to fight the case for years, book a car for a lawyer to take them to Dipayal, and spend millions on accommodation, food and lawyer fees. He was acquitted by the High Court Dipayal after fighting the case for 4 years . He says that he spent lakhs of rupees during that time.
President of Nepal Bar Association Kailali, Indra Prasad, writer says that according to law, the High Court should be in Kailali. Easy access to justice is called. Are the citizens of Kailali spending lakhs and wearing doti for justice to have easy access to justice?' asked the writer.
Lawyers met the outgoing Chief Minister Trilochan Bhatt and asked him to take initiative to place the High Court in Kailali to make the administration of justice easy and simple. The author complains that even though he drew the attention of the chief ministers and law ministers so far, no one took them seriously. Even though legal professionals have repeatedly pressed to shift the High Court to Kailali, the government has not taken the necessary steps.
Moving the high school from Dipayal to Kailali will cause problems to the citizens of the hilly district, so the author suggests that the high school bench should be kept in Doti . Nar Bahadur Negi, Information Officer of the High Court Dipayal, says this. Stating that the Supreme Court and the government have the right to move the High Court as per the need, he said that even if the High Court is moved to the provincial capital, the bench should be in Doti.
"The people of Achham, Bajhang, Bajura don't like Kailali, as the people of Kanchanpur complain that Kailali has moved away," says Negi, "According to the constitution, even if the high Kailali moves, the bench should be kept in Dipayal . ' Dipayal High Court for Kailali, Kanchanpur, Baitadi and Dadeldhura has held a bench in Mahendranagar. Similarly, the cases of Doti, Acham, Bajhang, Bajura and Darchula go to Dipayal. Information officer Negi says that there is no need for the Mahendranagar bench after the High Court is moved to the capital. After
, Minister of Internal Affairs and Law, Hira Sarki, was asked what the ministry's opinion is about moving the High Court, and she replied that she has no opinion. He informed that the provincial government has not made any decision about shifting the court to the designated area. Virtual means as a
option
On the initiative of Nepal Bar Association Kailali, the hearing of some cases that have reached the High Court is being held in Kailali through virtual means. Indra Prasad, the president of Bar Association Kailali, says that since the high court is physically far away, technology has been used as an alternative to make things easier for the clients. Advocates and clients who advocate through
virtual attend District Court Kailali and participate in High Court hearings. The judges in the High Court Dipayal have been hearing most of the cases of Kailali virtually. On the day of appearance, the hearing and judgment of 8 to 10 cases are done virtually. Although the
technique helped to some extent The author says that it is not as effective as a high court in physical form. "It's normal for things to happen, sometimes the equipment breaks down, sometimes there's a problem with the network." Physically, it is not as effective as the court,' says the author, 'However, we have tried to provide as many services as possible to the clients from here.'
Clients pay 1000 rupees for each court appearance. Bar Association Kailali has informed that one technical staff has been hired from this amount.
