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Nepal
Court Proceedings:2011
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Date
Incidents
January - 18 
The Supreme Court on January 18 stayed the Government’s move to arrest and prosecutes 21 cadres of the Unified Communist Party of Nepal-Maoist (UCPN-M) on murder charges during the insurgency period, reports Himalayan Times. A division bench of Justices Top Bahadur Magar and Mohan Prakash Sitaula i
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The Supreme Court on January 18 stayed the Government’s move to arrest and prosecutes 21 cadres of the Unified Communist Party of Nepal-Maoist (UCPN-M) on murder charges during the insurgency period, reports Himalayan Times. A division bench of Justices Top Bahadur Magar and Mohan Prakash Sitaula issued the order. The bench directed, “Not to arrest and detain the defendants and to maintain the status quo till the limitation of time of submitting written explanations from the defendants or till the expiry of limitation of time.”
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January - 23 
After the People’s Liberation Army’s (PLA) official handed over to the Special Committee (for supervision, integration and rehabilitation of Maoist combatants), the Supreme Court (SC) gave final shape to its monitoring mechanism. A meeting of SC named members of the monitoring mechanism that compr
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After the People’s Liberation Army’s (PLA) official handed over to the Special Committee (for supervision, integration and rehabilitation of Maoist combatants), the Supreme Court (SC) gave final shape to its monitoring mechanism. A meeting of SC named members of the monitoring mechanism that comprises four representatives each from SC and its Secretariat and one from PLA combatants. Barsha Man Pun of the UCPN-M, Ram Sharan Mahat of Nepali Congress (NC), Ishwor Pokharel of Communist Party of Nepal-United Marxist Leninist (CPN-UML) and Jitendra Dev of Madheshi Janadhikar Forum-Democratic (MJF-D) will represent SC in the nine-member monitoring mechanism. Balananda Sharma of NC, Chandra Prakash Khanal of UCPN-M, Gopal Singh Bohara of CPN-UML and Mahesh B Karki of the Nepali Army will join the mechanism from the Secretariat. In addition, PLA commander Nanda Kishor Pun will represent the UCPN-M.
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April - 7 
Prime Minister (PM) Jhala Nath Khanal has indicated that the Constituent Assembly (CA) term will be further extended if the task of constitution drafting does not get completed by May 28, when the CA’s current term ends, reports Nepal News. The Supreme Court (SC) has made it clear that the CA’s term
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Prime Minister (PM) Jhala Nath Khanal has indicated that the Constituent Assembly (CA) term will be further extended if the task of constitution drafting does not get completed by May 28, when the CA’s current term ends, reports Nepal News. The Supreme Court (SC) has made it clear that the CA’s term will not end until it completes the task of constitution writing, said PM Khanal on April 7. Khanal further said, the CA’s main task is to make a constitution and it can’t shy away from its responsibility. Considering the remaining processes in constitution making it is almost impossible to promulgate a new constitution within the stipulated date of May 28. Since the outline of the constitution has not been determined yet The SC had issued a verdict few months ago upholding the CA decision to extend its term in 2010 saying the CA term cannot end until a new constitution is promulgated. According to existing provisions, the CA needs to amend the clause related to the CA term in the interim constitution. The interim constitution can be amended with a two-third majority. As reported earlier, the Army had submitted a proposal to Prime Minister Jhala Nath Khanal suggesting that a separate directorate be constituted within the Army comprising 50 percent former Maoist combatants and fifty percent personnel of the three security agencies
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May - 22 
The Supreme Court on May 22 began hearing on review of its own verdict upholding one year extension of the CA tenure through the eighth amendment of the Interim Constitution of Nepal, 2007, according to Himalayan Times. A five-member special bench led by Chief Justice Khil Raj Regmi began reviewing
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The Supreme Court on May 22 began hearing on review of its own verdict upholding one year extension of the CA tenure through the eighth amendment of the Interim Constitution of Nepal, 2007, according to Himalayan Times. A five-member special bench led by Chief Justice Khil Raj Regmi began reviewing the CA extension.
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May - 25 
The Supreme Court (SC) on May 25 ruled out the extension of the Constituent Assembly (CA) term, except during a state of emergency or any other special circumstances as per the doctrine of necessity, for six months or less, reports Himalayan Times. Issuing the final verdict, the SC stated that CA te
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The Supreme Court (SC) on May 25 ruled out the extension of the Constituent Assembly (CA) term, except during a state of emergency or any other special circumstances as per the doctrine of necessity, for six months or less, reports Himalayan Times. Issuing the final verdict, the SC stated that CA term cannot be extended repeatedly for an indefinite period. “Since the CA tenure cannot be extended for more than six months as per the restrictive clause of Article 64 of the Interim Constitution during state of emergency, it is wrong to extend the tenure for more than six months in normal situation,” the bench ruled. The bench also said the amendment to extend the CA tenure would be against the spirit of the Constitution and the popular will expressed in the election. “This will always be a matter of judicial review therefore the CA must focus on completing its main task of drafting the new Constitution as per the spirit of the Interim Constitution, and people’s expectation,” it added. The bench also overruled November 4, 2010 verdict issued by three-member-special bench which had allowed extension of CA tenure until promulgation of constitution. Amending the original provision of the Article 64, the CA tenure was extended by one year on May 28, 2010.
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August - 28 
Supreme Court (SC) on August 28 annulled the writ petition challenging the validity of the three-month term extension of Constituent Assembly (CA) on August 28.
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Supreme Court (SC) on August 28 annulled the writ petition challenging the validity of the three-month term extension of Constituent Assembly (CA) on August 28.
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September - 26 
Police on September 26 issued an arrest warrant against Minister for Land Reforms and Management, Prabhu Sah, in connection of the murder of Hindu Yuba Sangh leader Kashi Tiwari. Prabhu Sah belongs to the Unified Communist Party of Nepal-Maoist (UCPN-M). Tiwari was shot dead on June 27, 2010 at Ash
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Police on September 26 issued an arrest warrant against Minister for Land Reforms and Management, Prabhu Sah, in connection of the murder of Hindu Yuba Sangh leader Kashi Tiwari. Prabhu Sah belongs to the Unified Communist Party of Nepal-Maoist (UCPN-M). Tiwari was shot dead on June 27, 2010 at Ashokbatika in Birgunj Municipality allegedly by Sah’s personal secretary Shiyaram Kushawaha and one Aman Kushwaha. In May 2010, Maoists had called an indefinite bandh (general shut down) against the Government led by Madhav Kumar Nepal. Activists of the Hindu Yuva Sangh, then chaired by Tiwari, had then launched an anti-bandh movement, during which they had looted and set fire on food meant for Maoist cadres picketing the strike. A few weeks after the incident, Tiwari was shot dead. However, Minister Sah has claimed that the Police have not issued any arrest warrant against him, reports Nepal News. He claimed that the news report was part of an attempt to defame him and the Maoist party.
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October - 12 
Minister for Land Reform Prabhu Sah, who is accused of plotting the murder of Hindu Youth Association president Kashiram Tiwari in Birgunj 15 months ago, has been cleared of all charges by the District Attorney's Office on October 12, reports Nepal News. The District Attorney didn't file a case agai
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Minister for Land Reform Prabhu Sah, who is accused of plotting the murder of Hindu Youth Association president Kashiram Tiwari in Birgunj 15 months ago, has been cleared of all charges by the District Attorney's Office on October 12, reports Nepal News. The District Attorney didn't file a case against Minsiter Sah against whom an arrest warrant was issued for plotting the murder of Tiwari. The Parsa District Police Office had issued arrest warrant against Sah, but he has vehemently denied to have received the warrant and has dismissed the murder charge. The decision of ODA not to file any case against Sah comes a day after Unified Communist Party of Nepal-Maoist (UCPN-M) cadres continued the shutdown strike in Rautahat District to protest the arrest warrant against him. Sah, a Maoist politburo member, was elected to the Constituent Assembly from Rautahat-3.
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November - 13 
The Supreme Court (SC) has issued an interim order to the Government not to implement its decision to recommend murder convict Unified Communist Party of Nepal-Maoist (UCPN-M) lawmaker Bal Krishna Dhungel for presidential pardon, reports Nepal News. A single bench of SC judge Tahil Ali Ansari issued
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The Supreme Court (SC) has issued an interim order to the Government not to implement its decision to recommend murder convict Unified Communist Party of Nepal-Maoist (UCPN-M) lawmaker Bal Krishna Dhungel for presidential pardon, reports Nepal News. A single bench of SC judge Tahil Ali Ansari issued such order in response to a writ petition filed by Sabitri Shrestha, sister of Ujjan Kumar Shrestha who was murdered by lammaker Dhungel in 1998.
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November - 24 
Supreme Court (SC) is set to give its verdict on the writ file against the 10th amendment to the Interim Constitution-2007 on November 25 (today). The 10th amendment to the Interim Constitution-2007 gave the CA a three-month term extension which expires on November 30.
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Supreme Court (SC) is set to give its verdict on the writ file against the 10th amendment to the Interim Constitution-2007 on November 25 (today). The 10th amendment to the Interim Constitution-2007 gave the CA a three-month term extension which expires on November 30.
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November - 24 
Supreme Court on November 24 (today) issued an interim order in the Bal Krishna Dhungel case, asking the Government not to go ahead with the recommendation to pardon the murder-convicted Maoist lawmaker.
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Supreme Court on November 24 (today) issued an interim order in the Bal Krishna Dhungel case, asking the Government not to go ahead with the recommendation to pardon the murder-convicted Maoist lawmaker.
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November - 25 
Giving its final verdict on a writ petition challenging repeated extension of the Constituent Assembly's (CA’s) term, the Supreme Court on November 25 said the CA's term can be extended only one more time and that the Assembly will be defunct if the constitution is not promulgated within the extende
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Giving its final verdict on a writ petition challenging repeated extension of the Constituent Assembly's (CA’s) term, the Supreme Court on November 25 said the CA's term can be extended only one more time and that the Assembly will be defunct if the constitution is not promulgated within the extended term, reports Nepal News. A full bench comprising Chief Justice Khil Raj Regmi and justices Damodar Prasad Sharma, Ram Kuamr Prasad Sah, Kalyan Shrestha and Prem Sharma in their verdict also asked the defendants to decide the duration of the extension after determining whether the constitution would be promulgated through referendum, or to elect new CA, if the current CA fails to do so. The SC verdict comes at a time when the Government has tabled a proposal in the parliament to extend the CA's term by six months. However, the parties are yet to reach an understanding on the duration.
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November - 30 
Law-makers, particularly from the UCPN-M, Communist Party of Nepal-Unified Marxist Leninist (CPN-UML) and some Madheshi-based parties, refused to accept the fact that the Supreme Court through its November 25 judgment was trying to make the Constituent Assembly that doubles as Parliament accountable
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Law-makers, particularly from the UCPN-M, Communist Party of Nepal-Unified Marxist Leninist (CPN-UML) and some Madheshi-based parties, refused to accept the fact that the Supreme Court through its November 25 judgment was trying to make the Constituent Assembly that doubles as Parliament accountable to people, reports The Himalayan Times. They flayed the apex court verdict in which it had ruled that the CA’s term could be extended for one last time and that CA would automatically dissolve if it failed to promulgate the constitution within the extended period. They accused the apex court of violating the principle of separation of power and said SC had overruled the jurisdiction of a sovereign Parliament.
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December - 26 
A day after the chief justice of the Supreme Court (SC) ruled out possibility of the review on the SC ruling regarding the extension of the term of the Constituent Assembly (CA), the parliament has officially requested the office of the Attorney General for a review of the SC’s verdict.
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A day after the chief justice of the Supreme Court (SC) ruled out possibility of the review on the SC ruling regarding the extension of the term of the Constituent Assembly (CA), the parliament has officially requested the office of the Attorney General for a review of the SC’s verdict.
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December - 26 
SC issued an interim order to the government not to implement its decision to start group entry of Madheshi communities in the Nepal Army (NA). A single bench of Justice Baijanath Upadhyay issued the stay order after conducting a hearing on the writ petition filed by Chure Bhawar Rastriya Party, a f
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SC issued an interim order to the government not to implement its decision to start group entry of Madheshi communities in the Nepal Army (NA). A single bench of Justice Baijanath Upadhyay issued the stay order after conducting a hearing on the writ petition filed by Chure Bhawar Rastriya Party, a fringe party in the parliament.
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December - 27 
Supreme Court (SC) on December 27 refused to register a petition of the Government that sought a review on its ruling regarding the extension of the term of the Constituent Assembly (CA), reports Nepal News. According to the SC spokesperson Hemanta Rawal, the SC refused to register the petition as t
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Supreme Court (SC) on December 27 refused to register a petition of the Government that sought a review on its ruling regarding the extension of the term of the Constituent Assembly (CA), reports Nepal News. According to the SC spokesperson Hemanta Rawal, the SC refused to register the petition as the petition lacked the legal bases to seek review on the verdict.
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December - 28 
Leaders of the major political parties accused the Supreme Court (SC) of going beyond its authority by refusing to register the petition seeking a review on the SC's ruling regarding the extension of the Constituent Assembly (CA) term, reports Nepal News. Speaking at Kathmandu, Unified Communist Par
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Leaders of the major political parties accused the Supreme Court (SC) of going beyond its authority by refusing to register the petition seeking a review on the SC's ruling regarding the extension of the Constituent Assembly (CA) term, reports Nepal News. Speaking at Kathmandu, Unified Communist Party of Nepal-Maoist (UCPN-M) politburo member and PM Baburam Bhattarai’s political advisor Devendra Poudel accused the judiciary of entering into politics by turning down the review petition. Nepali Congress leader Ramesh Lekhak said the move of the judiciary invited complications as it undermined the rights of the parliament. Speaking at the same programme, Minister for Law and Justice Brijesh Kumar Gupta said that the government is going to seek reconsideration over the SC's rejection of the review petition.
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