Chapter-6 Miscellaneous

Chapter-6 Miscellaneous
25. Provision on Camera Court:

(1) The case to be heard from Camera Court as per the prevailing laws shall be heard in Camera Court.
(2) Other provision relating to Camera Court shall be as prescribed.

26. Special Provision relating to hearing of the petition of Habeas Corpus:

(1) If the Court is to remain closed for Three or more days, a judge as hereunder shall be designed to accept and hear petition of habeas corpus during the period of closure:-
(a) With regard to Kathmandu Valley, the Justice of Supreme Court as deputed by the Chief Justice,
(b) With regard to the District locating High Court and District Court, the Judge of concerned High Court deputed by the Chief Judge of the High Court,
Clarification: For the purpose of this part “High Court” shall also means the location (Mukam) of High Court.
(c) In other place excluding Part (a) and (b), where District Court is located, the Judge of concerned District Court and if there are more than one District Judges in such District, the District Judge assigned by the District Judge working as a Chief of the District Court.
(2) Notwithstanding anything contains in this Act or other prevailing laws, the Judge assigned in accordance with Sub-Section (1) may issue appropriate order by hearing over the petition filed before concerned Court during the
period such closure the Court and concerned authority shall implement such order even in the time of holiday,
(3) The place to filing petition in accordance with this Section and hearing accordingly shall be as determined by the Judge as prescribed in accordance with Sub-Section (1).

27. To Issue Search Warrant:

(1) The Court may, in order to make assure the reality of fact, issue search warrant in following situation in the course of proceeding over the petition of habeas-corpus:-
(a) If there is any reason to make assure to the Court that the detainee has been detaining in inhuman manner or illegal torture has been given to him/her, or
(b) If the petitioner shows any reason to make assurance to the Court that it is necessary to issue search warrant due to possibility of transfer of the detainee in another place with intention to elude the order of the
Court, or
(c) If the Court considers that it is necessary or appropriate to issue order of search warrant due to any other similar reasons.
(2) The Court may, while issuing search warrant in accordance with Sub- Section (1), issue an order in the name of its subordinate officer or staff or any incumbent officer or employee of the Government of Nepal to produce the
detainee before the court by carrying out search in any place where detainee is said to be detained or any other suspicious place or places where the detainee is kept under imprisonment. The Court may, if it deems necessary or
appropriate while issuing such order, constitute a search team comprising said employee and person representing the petitioner including office bearer of local body and give the power to the team carry out the act of searching.
(3) The person or team, getting order for searching in accordance with Sub- Section (2), shall search the detainee as per the direction of the Court and if the detainee is identified, the assigned person or team shall submit the report
with the detainee before the court immediately.
(4) If there is reasonable ground to believe that the officer or employee, authorized to carry out the act of searching in accordance with Sub-Section
(2), couldn’t know the detainee, the Court may issue order to any other person to provide support in the act of execution of the search warrant.
(5) If the Court deems necessary to identify the clear fact with regard to the detention by the Court itself or any other sub-ordinate court in order, it may examine the evidence to identify clear fact with regard to the petition of
habeas corpus.

28. Acts to be performed by judge himself or herself:

(1) The judge shall himself or herself perform the act of making decision or issuing order and
recording the statement of parties or witness to the case.
Provided however that there shall be no any obstruction to the Judge to write or offer him or herself and may get the document of judgment or order scribed or typed by an employee of the Court and the judge shall, during the recording of statement of parties or witness, ask the questions by him or herself, and
may get such questions and the answers scribed by an employee of the Court.
(2) Notwithstanding anything contained in Sub-section (1), during the absence of the judge, the Shrestedar (Registrar) of the District Court may record the statement of parties or witness and issue order relating to detention of the accused pending the trial, or release him or her on bail or on recognizance to appear on the appointed date.
(3) The Judge shall, upon his or her resumption of duty in the Court, review the orders issued pursuant to Sub-section (1), and, if such order is found to be against the due process of law, shall rectify them to accord with the
procedures of law.

29. Deemed to be established the District Courts and Posting in the Post of District Judge (1) The District Courts existing at the time of commencement of this Act shall be deemed to have been established under this Act.
(2) The District Judges working in the District Courts existing at the time of commencement of this Act shall be deemed to have been ipso-facto posting in the same District Court. 30. Dissolution of Courts of Appeal: The Courts of Appeal existed at the time of commencement of this Act shall be ipso-facto dissolved after commencement
of this Act.

31. Transfer of cases: (1) Cases, appeal, petitions and reports filed and pending
in the District Courts at the time of commencement of this Act shall be ipso-
facto transferred to the District Courts established after the commencement of
this Act.
(2) If the territory of any District has been divided into two Provinces in
accordance with the Constitution at the time of commencement of this Act,
cases to be tried and settled or hearing appeal by the District Court pursuant to
this Act and prevailing laws under such District shall be heard by the District
Court as prescribed by Government of Nepal in consultation with Judicial
Council by issuing notice in Nepal Gazette until confirmation of border of
such District. An appeal over the judgment of such District Court or the
decision made by the body or authority, as per the prevailing laws, shall lie in
High Court to hearing the appeal of said District Court.
(3) Notwithstanding anything contains in Sub-Section (1), if territory of any
District is changed and merged in other District in accordance with the
Constitution, cases, petitions and reports pending at that District Court shall
be transferred in the District Court as prescribed by Government of Nepal in
consultation with Judicial Council by issuing notice in Nepal Gazette.
(4) Cases, appeal, petitions and reports filed and pending in the Court of
Appeal at the time of commencement of this Act shall be transferred to the
High Courts as prescribed by Government of Nepal in consultation with
Judicial Council by issuing notice in Nepal Gazette.
(5) If jurisdiction of any High Court or District Court is changed due to
changing border of any Province by merging the Province into any other
Province after commencement of this Act, cases, petitions and reports pending
at that High Court or District Court shall be transferred in the High Court or
District Court as prescribed by Government of Nepal in consultation with
Judicial Council by issuing notice in Nepal Gazette.

32. To lie Appeal: If any judgment, decision or final order made by judicial, quasi- judicial body or authority during the commencement of this Act was appealable before the Court of Appeal as per the law of enforced in that time,
such appeal shall, after the commencement of this Act, lie in the High Court.

33. Petition or Appeal over the Decision of Court of Appeal: (1) If a petition for leave of appeal may be made in the Supreme Court, against the judgment or final order of the Court of Appeal, made prior to the commencement of this
Act, such a petition for leave of appeal may be filed after the commencement of this Act in the Supreme Court according to the prevailing laws.
(2) If a petition for revision may be made in the Supreme Court, against the judgment or final order of the Court of Appeal, made prior to the commencement of this Act, such a petition may be filed after the commencement of this Act in the Supreme Court according to the prevailing laws.

34. Files, documents or details on cases to be sent:

(1) If an order, for the sake of evidence in a case, is issued by a Court, judicial or quasi-judicial body or
authority to send or submit to it any file, document or any fact relating thereto or an explanation or response is demanded, the office so addressed shall comply with such order within the reasonable time.
(2) If, any office failed to send case file, document or reply as demanded by the Court in accordance with Sub-Section (1) within the time limit as prescribed by the prevailing laws or as specified by the Court, the Court may
impose punishment of a fine of One Thousand Rupees to Ten Thousand  Rupees for each count thereof, on the chief or employee of the concerned office.
(3) Notwithstanding anything contains in Sub-Section (2), after the order of punishment is issued, if the chief or employee of the concerned office makes petition that such punishment should not have been imposed, stating the
reasons for being unable to comply with the order, and on being satisfied with such reasons, the Court may reduce the amount of fine or cancel the order of the punishment.

35. Powers to issue direction:

(1) The Chief Justice may, for the efficient management and performance of the judicial administration, issue required direction to any subordinate Court, body or authority in written form.
(2) The Chief Judge of concerned High Court may, for the efficient management and performance of the judicial administration, issue required direction to any subordinate District Court, body or authority in written form.
(3) The subordinate Court, body or authority shall have the duty to abide by such direction issued pursuant to Sub-Section (1) or (2).

36. Powers to frame Rules:

(1) The Supreme Court may frame necessary Rules in order to implement of this Act. Such rules shall come into force after their publication in the Nepal Gazette.
(2) Without any prejudice to the generality of the powers conferred by Sub- section (1), Rules may be framed on the following matters in addition to the matters as mentioned in this Act elsewhere:
(a) Provisions relating to the exercise of jurisdiction of the High Court by the Bench consisting of one or more judges,
(b) Procedures for filing complaint, appeal or petition in the Court other than the Supreme Court, fees relating thereto and other matters relating to procedures in the cases,
(c) Provision on granting approval to review the case,
(d) Conditions and situations for transferring or extradite of cases from one Court to other Court,
(e) Methods of collecting records and statistics relating to the performance of the judges of the Courts.
(f) Other matters relating to the proceedings of the administration of justice.

37. Conversion: Conversion has been made by mentioning following terminologies in place of following terminologies remained in prevailing law.
(a) “High Court” in place of the term of “Court of Appeal”,
(b) “Judge of High Court” in place of the term of “Judge of Court of Appeal”

38. Repeal and saving:

(1) Following Acts are hereby repealed.
(a) Administration of Justice Act, 2048 (1991),
(b) Supreme Court Act, 2048 (1991)
(2) Any acts done and actions taken under the Acts repealed pursuant to Sub- section (1) shall be deemed to have been done and taken under this Act.