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Afghanistan
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Nepal
Court Proceedings:2012
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Date
Incidents
January - 29 
Nepal News reports that Speaker Subas Nemwang on January 29 filed a separate petition at Supreme Court (SC) challenging court's refusal to register a petition seeking review on the SC's decision regarding the term of the Constituent Assembly (CA). In his petition, Speaker Nemwang has also urged the
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Nepal News reports that Speaker Subas Nemwang on January 29 filed a separate petition at Supreme Court (SC) challenging court's refusal to register a petition seeking review on the SC's decision regarding the term of the Constituent Assembly (CA). In his petition, Speaker Nemwang has also urged the court to hear the petition by a five-member full bench of the judges. The CA term extended for the 4th time will expire on May 28.The SC had refused to register the petition citing insufficient legal bases. The Constitutional Committee (CC) has requested the Constituent Assembly (CA) to extend the deadline for forging consensus on disputed constitutional issues till February 12, reports Kantipuronline. The thematic committee responsible for preparing the first draft of the constitution unanimously took this decision on January 29 The proposal sent to CA Chairman, Subas Nembang, will be referred to the next CA sitting which is likely to convene on February 1. Committee Chairman, Nilambar Acharya, expressed hope that the parties would expedite discussions and be able to forge consensus within the new deadline. The next meeting of the Constitutional Committee is scheduled for February 3.
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January - 31 
Supreme Court on January 31 stayed the Government´s decision to legalize the land deals arbitrated by the Unified Communist Party of Nepal-Maoist (UCPN-M) cadres during the insurgency, until next order. Acting on a writ petition filed by Democratic Lawyers’ Association, an Supreme Court full bench c
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Supreme Court on January 31 stayed the Government´s decision to legalize the land deals arbitrated by the Unified Communist Party of Nepal-Maoist (UCPN-M) cadres during the insurgency, until next order. Acting on a writ petition filed by Democratic Lawyers’ Association, an Supreme Court full bench comprising justices Damodar Prasad Sharma, Kalyan Shrestha and Tahir Ali Anasari decided to give continuity to a January 25 stay order issued by Chief Justice Khil Raj Regmi. With this fresh stay order, the decision will not be implemented until the court gives a final decision on the writ petition. The State Restructuring Commission (SRC) on January 31 submitted its report to the Government, proposing an 11-State federal model based on ethnicity and language, reports Nepal News. However, the SRC could not reach consensus on its recommendation with three members contesting the report of the majority of the members.
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February - 26 
Supreme Court on February 26 scheduled initial hearing on petitions filed by Prime Minister Baburam Bhattarai and Speaker Subas Chandra Nembang challenging the December 27 rejection order of the apex court against reviewing the November 25 Constituent Assembly (CA) term extension verdict, reports Th
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Supreme Court on February 26 scheduled initial hearing on petitions filed by Prime Minister Baburam Bhattarai and Speaker Subas Chandra Nembang challenging the December 27 rejection order of the apex court against reviewing the November 25 Constituent Assembly (CA) term extension verdict, reports The Himalayan Times. “We scheduled the initial hearing on Wednesday,” said Nahakul Subedi, Joint Registrar, Supreme Court. The Chief Justice will assign a judge in this regard on the date of hearing that is February 28.
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March - 9 
Unified Communist Party of Nepal-Maoist (UCPN-M) lawmaker, Balkrishna Dhungel, who was convicted of murder and sentenced to life imprisonment by the Supreme Court of Nepal, said on March 9 that he would not go to jail under any circumstance, reports Nepal News. He also said that he is ready for any
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Unified Communist Party of Nepal-Maoist (UCPN-M) lawmaker, Balkrishna Dhungel, who was convicted of murder and sentenced to life imprisonment by the Supreme Court of Nepal, said on March 9 that he would not go to jail under any circumstance, reports Nepal News. He also said that he is ready for any kind of sacrifice instead of going to jail. He was speaking at a programme that was attended by UCPN-M chairman Pushpa Kamal Dahal aka Prachanda.
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March - 28 
Supreme Court (SC) on March 28 said that it will not review its previous verdict regarding the Constituent Assembly term. A single judge bench of justice Kamal Narayan Das in Kathmandu handed a ruling to this effect. On November 25, 2011, the SC had issued a verdict that called on the Government to
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Supreme Court (SC) on March 28 said that it will not review its previous verdict regarding the Constituent Assembly term. A single judge bench of justice Kamal Narayan Das in Kathmandu handed a ruling to this effect. On November 25, 2011, the SC had issued a verdict that called on the Government to complete drafting the constitution by extending the CA term for the last time. The verdict had set the last extension of the Constituent Assembly till May 27, 2012 stating that the CA tenure would expire automatically even if the constitution drafting process is not completed.
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April - 1 
Further, the Supreme Court has issued an interim order in the Government's name on April 1, ordering it not to implement its decision to withdraw the case against murder accused persons filed by Rupaiya Devi Kairin of Rautahat District. A two judge bench issued the order regarding the February 27, 2
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Further, the Supreme Court has issued an interim order in the Government's name on April 1, ordering it not to implement its decision to withdraw the case against murder accused persons filed by Rupaiya Devi Kairin of Rautahat District. A two judge bench issued the order regarding the February 27, 2012, Government decision to withdraw murder cases against six persons. The case was filed at the District Court on September 30, 2009 on charge of killing one Dev Sharan Mahato.
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April - 17 
the Supreme Court (SC) on April 17 issued a mandatory order (writ of mandamus) to the Government and the Bara District Court directing them to henceforth not withdraw cases involving “serious crimes” even if they were of political nature, reports Kantipuronline. The order issued by a division bench
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the Supreme Court (SC) on April 17 issued a mandatory order (writ of mandamus) to the Government and the Bara District Court directing them to henceforth not withdraw cases involving “serious crimes” even if they were of political nature, reports Kantipuronline. The order issued by a division bench of Justices Kalyan Shrestha and Gyanendra Bahadur Karki comes in response to a writ filed in July 2010 against the then Government’s decision to withdraw a criminal case in 2010. The apex court quashed the writ stating that it would be dealt by the Bara District Court where the case is pending. The apex court directed the Government to amend provisions in the Working Procedure and Criteria for Withdrawing Criminal Cases 1998 to make sure that the Government does not get the authority to withdraw cases related to “serious crimes,” including treason, war crimes, crimes against humanity and serious human rights abuses
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May - 24 
The understanding comes a day after the Supreme Court stayed the Government's decision to extend the CA's term by three months.
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The understanding comes a day after the Supreme Court stayed the Government's decision to extend the CA's term by three months.
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July - 1 
Supreme Court on July 1 declined to issue an interim order against the Government’s plan to bring a full budget. A division bench of SC Justices Damodar Prasad Sharma and Ram Kumar Sah concluded that it is not necessary to issue an interim order to prevent the Government from bringing out a full bud
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Supreme Court on July 1 declined to issue an interim order against the Government’s plan to bring a full budget. A division bench of SC Justices Damodar Prasad Sharma and Ram Kumar Sah concluded that it is not necessary to issue an interim order to prevent the Government from bringing out a full budget as per the writ filed by advocate Rajesh Silwal. The apex court argued that the precondition set by opposition parties that the Government should bring the full fledged only by forging political consensus was “abstract”.
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August - 6 
normal life in three Districts of Kathmandu Valley have been affected due to a chakkajam (vehicular shutdown) enforced by the Communist Party of Nepal-Unified Marxist Leninist (CPN-UML) aligned Youth Association Nepal (YAN) for the second day on August 6.YAN, supported by 16 youth wings of various p
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normal life in three Districts of Kathmandu Valley have been affected due to a chakkajam (vehicular shutdown) enforced by the Communist Party of Nepal-Unified Marxist Leninist (CPN-UML) aligned Youth Association Nepal (YAN) for the second day on August 6.YAN, supported by 16 youth wings of various parties, is imposing the vehicular traffic from 6am to 10am in the Valley since August 5 demanding the resignation of caretaker Prime Minister (PM) Baburam Bhattarai at the earliest to make way for a new national consensus government. The Supreme Court (SC) on August 5 scrapped a writ seeking an order to the President Ram Baran Yadav to remove Baburam Bhattarai and initiate the process for the formation of new Council of Ministers. The Court scrapped the writ saying that there was no any reason to issue show cause notice on a complete political issue at a time when there is absence of Constituent Assembly and the Parliament.
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August - 14 
the Prime Minister’s Office has told the Supreme Court that it was seeking an urgent solution to the difficulties seen in appointments to the constitutional bodies, including justices in the apex court and ambassadors, as per the spirit of the Interim Constitution, reports ekantipur.com. Furnishing
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the Prime Minister’s Office has told the Supreme Court that it was seeking an urgent solution to the difficulties seen in appointments to the constitutional bodies, including justices in the apex court and ambassadors, as per the spirit of the Interim Constitution, reports ekantipur.com. Furnishing a written reply to the apex court on August 14 in response to the court’s show-cause notice, PMO Secretary Jay Mukunda Khanal stated that the difficulty in appointing members to the constitutional posts arose in the absence of parliament. Khanal has stated that as of now there is no way to appoint members to the constitutional bodies without following the constitutional parliamentary hearing process. Article 155 of the Interim Constitution stipulates that officials appointed to the constitutional bodies, including the SC and ambassadors, face parliamentary hearing prior to their legal appointment.
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August - 16 
Nepali Congress (NC) on August 16 decided to seek a review on Supreme Court (SC) verdict on a corruption case against former minister and NC leader Khum Bahadur Khadka, reports Nepal News. The NC Central Committee meeting held at party headquarters in Sanepa Lalitpur and decided to seek a judicial r
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Nepali Congress (NC) on August 16 decided to seek a review on Supreme Court (SC) verdict on a corruption case against former minister and NC leader Khum Bahadur Khadka, reports Nepal News. The NC Central Committee meeting held at party headquarters in Sanepa Lalitpur and decided to seek a judicial review on the SC verdict that convicted Khadka of corruption and slapped 18 months jail sentence and Nepali Rupee 9.5 million penalty on August 14.The NC further said that the SC verdict was biased as it revoked the Special Court's five-year-old decision that acquitted Khadka.
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August - 22 
The Supreme Court on August 22 ordered the Nepal Army (NA) to halt the ongoing recruitment process for Army officer candidates for the time being, reports Nepal News. A single bench of Justice Tahir Ali Ansari issued the interim order which effectively bars the NA to conduct any further exams for Ar
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The Supreme Court on August 22 ordered the Nepal Army (NA) to halt the ongoing recruitment process for Army officer candidates for the time being, reports Nepal News. A single bench of Justice Tahir Ali Ansari issued the interim order which effectively bars the NA to conduct any further exams for Army officer candidates who passed written exams recently. The apex court issued the order in response to a writ petition filed by Rakesh Yadav on August 22 against the publication of result of written exams for officer level in the Army on July 25. In the petition, he argued that NA conducted the exams only for candidates under the open category but not for those under inclusive category.
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September - 5 
Supreme Court on September 5 ordered the Nepal Army (NA) not to recruit any officers in the 15 seats allocated to the Madheshi community under the inclusive category, reports Ekantipur.com. The division bench of Chief Justice Khil Raj Regmi and Justice Sushila Karki issued the stay order in response
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Supreme Court on September 5 ordered the Nepal Army (NA) not to recruit any officers in the 15 seats allocated to the Madheshi community under the inclusive category, reports Ekantipur.com. The division bench of Chief Justice Khil Raj Regmi and Justice Sushila Karki issued the stay order in response to a petition filed by Rakesh Yadav.
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December - 10 
Supreme Court has issued a show cause notice to the Office of the President asking it to furnish reasons for not accepting a nomination made by 12 political parties for the post of Prime Minister (PM), reports Nepal News. The notice comes a few days after 12 fringe political parties, recognised by t
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Supreme Court has issued a show cause notice to the Office of the President asking it to furnish reasons for not accepting a nomination made by 12 political parties for the post of Prime Minister (PM), reports Nepal News. The notice comes a few days after 12 fringe political parties, recognised by the Election Commission, filed an application at the President's Office recommending their candidate to lead a Government of national consensus.
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