”Now onwards, district courts also can take up issues related to habeas corpus,” said Supreme Court Assistant Spokesperson Hemanta Rawal, adding, “The new provision aims to facilitate timely justice at low cost, especially for people from the rural areas”. [break]
Hitherto, the Supreme Court (SC) and the 16 Appellate Courts alone were authorized to take up habeas corpus petitions.
People especially from rural areas are compelled to travel long distances to file habeas corpus petitions.
“The [new] provisions incorporated in laws related to the Judicial Administration will not only help people get justice from local level but also lessen the work load of the SC and the Appellate Courts,” Rawal added.
A committee headed by SC Justice Khil Raj Regmi, who is now Chief Justice, had recommended broadening the scope of district courts and appellate courts in view of the problems facing people especially from remote areas.
The SC, considering the gravity of habeas corpus, is open even during the Dashain and Tihar holidays. As per the constitution and existing laws, no one can be detained for more than 24 hours without being charged. Police have to produce a detainee before a court within 24 hours of arrest.
“People have long been compelled to undergo unnecessary tension and spend huge amounts to seek justice,” said Rawal, adding, “Now onwards, people can be rid of such problems since district courts are also empowered to take up habeas corpus petitions.”
According to him, empowering district courts to take up habeas corpus petitions would ultimately decentralize power in the judiciary.
“The new provisions will help enhance the general public’s access to justice and pave the way for timely and effective settlement of habeas corpus petitions in a cost-effective fashion, Rawal said, adding, “Judicial power shouldn’t be confined within the apex court and appellate courts.”
The new provision likewise empowers district courts to issue prohibitory orders.
The Appellate Courts are also further empowered by the amendment. Cases that call for less than three years jail sentence and fines of less than Rs 25,000 and cases that involve claims of below Rs 50,000 are to be settled once and for all by the Appellate Courts. Hitherto such cases would have been finally decided only by the SC.
The amendment also broadens the jurisdiction of Appellate Courts to take up cases related to quo-warranto and certiorari.
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