Kathmandu, Bhadra 26 - The Government of Nepal is considering a separate legal framework for the effective implementation of court judgments, amid concerns that delays in enforcing decisions are weakening public confidence in the justice system. In the meeting of the House of Representatives' Law, Justice and Parliamentary Affairs Committee held on Bhadra 25, Law, Justice and Parliamentary Affairs Minister Sobita Gautam brought up the issue regarding the continuous issues faced in the execution of court orders in Nepal. Gautam pointed out that the very fact of a court ruling being issued is not justice unless it is ultimately enforced.
Gautam said the slow pace of execution of judgments is a great concern and Nepal must address existing gaps in the law, procedure and institutions that are causing delays in rendering and enforcing court decisions. She also indicted that obtaining a court judgment alone does not amount to meaningful justice if the decision is not ultimately implemented. The government is thus considering potential reform via existing avenues in law reform.
One possible suggestion is to have a more integrated legal system on a court judgment enforcement, along with having a look over the distribution of responsibility between the courts and ministries/other government bodies in Nepal under its federal framework. The parliamentary committee has also directed the Law Ministry to consider the possibility of a Supreme Court or executive body for the functioning of Verdict Execution Directorate. Technology is also anticipated to be utilized to enhance court decision enforcement in Nepal.
Gautam urged more linkages between the digital systems of courts and government bodies, enabling judges' decisions, amendments and their implementation to be monitored in an integrated manner. Gajendra Bahadur Singh, Director General of the Verdict Execution Directorate, similarly stressed the need to connect institutional systems so that implementation can be properly monitored. The issue is important. Earlier reports based on Supreme Court data revealed that over Rs31.83 billion in court-imposed fines were yet to be collected and many prison sentences and compensation orders are pending. Separate data from the Verdict Execution Directorate showed that dozens of public-interest judgments and orders remained unimplemented across various government agencies.
Effective judgment implementation is an essential part of access to justice. A court decision can have limited practical value if a successful party does not receive compensation, a sentence is not enforced or a government agency fails to comply with an order. The government's proposed reforms therefore seek to address the gap between receiving a judgment and actually obtaining the remedy ordered by the court, with Gautam arguing that strengthening execution is necessary to maintain public trust in Nepal’s judicial system.
Source: Ratopati
