NATIONAL 1 (Spotlight Weekly)]

With New Vision

In his first hundred days, Chief Justice Keshav Prasad Upadhyaya brings some changes in the judiciary

By KESHAB POUDEL

CJ Upadhyaya (left) in a seminar : Change for better

For Chief Justice Upadhyaya, judicial business is not only his profession but also a passion. In his first one hundred days in office, Upadhyaya showed his concern by introducing some changes in the judicial management.

From giving priority to old writ petitions and introducing time bound system to organize more interactions among judges and lawyers, chief justice Upadhyaya has sent a signal that he is in favor of giving a face-lift to problem-ridden judiciary of the country.

CJ Upadhyaya seems to be determined to improve judicial performance in the country.

With an objective to improve the capability of judges, Rural Development Foundation Nepal and Judicial Council Secretariat recently organized a day long interaction program.

Attended by justices of the Apex Court and judges from Appellate Courts and District Courts, the seminar was full of debate and discussions on judicial management procedures.

Inaugurated by Chief Justice Upadhyaya, the participants focussed their discussion on the papers presented by Supreme Court Justices Laxman Prasad Aryal, Kedar Nath Upadhyaya, Krishna Jung Rayamajhi, Hari Prasad Sharma and senior advocate Ganesh Raj Sharma.

The papers presented at the seminar discussed about the lapses and weaknesses of different procedural matters of the Supreme Court.

"It is needed to improve the procedures of the court to make it more effective," said Upadhyaya, in his key note address. "Court should improve its proceedings to settle cases quickly."

Supreme Court's Justice Laxman Prasad Aryal discussed use and implication of clause 17 of Court Management procedure which sets the writ petition in the court.

In his paper on penal determination base, justice Kedar Nath Upadhyaya discussed the theoretical and practical purposes of the prevalent philosophies and practices in Nepal.

Justice Krishna Jung Rayamajhi explained the constitutional provisions and legal provisions regarding the legal system. In the management of case, justice Hari Prasad Sharma pointed out the complication in the delivering judgement.

Senior advocate Ganesh Raj Sharma discussed the management of hearing processing in the writ petitions and the role of bench.

In his one hundred days in office, Upadhyaya has already introduced some rules in the court to settle pending writ petitions.

During the period, more than 200 writ petitions have already been settled and UpadhyaYA is now introducing a new time-bound system to settle more pending writ petitions. Supreme Court is now introducing case list system, hearing system and priority for the detention cases.

From the coming Nepalese new year (April 13), the Court is also going to introduce cause list system, hearing system, priority basis for the case. Breaking all old precedents, Upadhyaya also set new practice by declining to attend inaugural and other formal functions except those dealing with judiciary.

With the partnership between Rural Development Foundation Nepal and Judicial Council, the judiciary starts a new beginning to improve the performance of the bench.

"Judges and advocates need to develop new type of friendship," said senior advocate Sambhu Prasad Gyawali, who collapsed while delivering his address and had to be rushed to TU teaching hospital.

"We want to continue our partnership with Judicial Council to start such seminars in the future," said Krishna Man ShreStha, President of the foundation.