Himalayan News Service

Kathmandu, March 27:

The Supreme Court is up to its eyebrows in work, disposing of petty cases, over and above the load of major cases it is already burdened with, say legal experts. This load cannot be reduced until and unless the SC delegates power of final settlement of the petty cases to the lower courts, where such cases were filed initially. Sans the delegation of power of settlement, countless petty cases which could well have been disposed of at the initial level have now piled up at the SC’s doorstep for final disposal. Figures show that the courts remained engrossed in handling mainly petty cases, and that most of these cases were kept lingering since the final decision has to be given by the SC. The lower two judicial tiers were engaged in settling 67.25 per cent minor cases during the last fiscal year. This year too, the situation is the same. Minor cases entail those in which the accused face up to three years’ jail term, fine up to RS 3,000 or both.

There was a total of 47.37 per cent cases in which the accused face up to one year jail term, Rs 1,000 fine or both. The courts handled 14.37 per cent cases in which the accused faced up to two-year jail term, Rs 2,000 fine or both. Around 5.73 per cent cases entailed a sentence of up to three years jail term, Rs 3,000 fine or both. “Unless relevant Acts are amended to provide power to the appellate and district courts for final settlement of minor cases, the workload of the Supreme Court cannot be reduced,” an appellate court judge said, on condition of anonymity. Currently, the apex court is engaged in settling about 22,000 major and minor cases, including hundreds of writ petitions.

The Supreme Court’s annual report for the fiscal year 2060/61 BS shows, the courts were engaged in settling 4.38 per cent major cases in which the accuses faces up to life term.

And, 5.21 per cent cases were registered seeking life term and property confiscation.

The courts handled the hearing in 6.51 per cent cases carrying up to 10 years’ jail-term while 10.58 per cent cases carrying a maximum sentence of 6 years were heard. A total of 6.06 per cent cases carrying maximum penalty of 4 years jail were also heard. The Supreme Court and other courts were engaged in settling a total of 16,274 criminal cases and also heard a total of 48,009 civil cases last year. Civil cases mostly related to disputes between landlord and tenants, family discord and personal transactions. Some 28.45 per cent of these cases related to disputes between landlords and tenants. Former attorney general Sarbagya Ratna Tuladhar said that due to the overload of petty cases, the Supreme Court was unable to give proper time to interpret constitutional cases and other important disputes. “If the required changes in functioning are not made, justice cannot be provided in time.”