Concluding that Nepal´s military justice system is not in line with an independent judiciary nor at par with international practices in military justice, a special bench of the SC comprising Chief Justice Khil Raj Regmi, Kalyan Shrestha and Krishna Prasad Upadhaya asked the government to form a special task force to prepare a report on reforming the military justice system. [break]
The apex court said the entire military justice system had to be reformed and it was pointless declaring a few provisions of the Military Act null and void as sought by some writ petitioners. Lawyers Bhuwan Niraula, Prem Chandra Rai and lesbian army official Bhakti Shah had jointly filed the writ petition challenging the entire military justice system of the country.
Claiming that the military justice system was not in line with the interim constitution and an independent judiciary nor was it human rights friendly and at par with the International Covenant on Civil and Political Rights (ICCPR), the petitioners have sought a court order to reform provisions in the Military Act.
"The bench hereby orders the government to form a special taskforce to review the military justice system," reads the SC decision, adding, "The taskforce should comprise military and security-related legal experts, some other legal experts, civil society leaders and human rights activists."
The apex court has ordered government authorities to reform the system following the recommendations of the taskforce.
Lawyers have applauded the SC decision. "This judgment can be described as a milestone in reforming the country´s military justice system," Advocate Hari Phuyal, who pleaded on behalf of the petitioners, told Republica.
The bench has asked government officials to review the Military Act and reform it as per Article 24 (9) of the interim constitution, Article 14 of the ICCPR, comparable provisions in international military justice systems and at par with various international treaties ratified by Nepal.
Niraula, Rai and Shah had moved the SC following their dissatisfaction over a military court verdict. The Nepal Army (NA) had sacked Shah alleging that she was a lesbian. The military court had upheld the NA decision to dismiss Shah. Lawyers Niraula and Rai had tried to plead for Shah at the military court but the court didn´t allow them to do so. Niraula, Rai and Shah then decided to challenge the entire military justice system of the country.
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