Annual Report of the National Judicial Academy, Nepal 2011/2012 (2068/2069)
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Annual Report of The National Judicial Academy, Nepal 2011/2012 (2068/2069) National Judicial Academy Hariharbhawan, Lalitpur, Nepal Annual Report, 2011/012 (2068/2069) Recommendation and Comments: Executive Director Hon. Mr. Raghab Lal Vaidya Faculty Hon. Til Prasad Shrestha Registrar Mr. Lekhanath Paudel Editing: Deputy Registrar Mr. Danda Pani Sharma Research Offi cer Mr. Shreekrishna Mulmi Statistical Offi cer Mr. Paras Paudel Editing Assistant: Offi ce Secretary Ms. Poonam Lakhey Administrative Assistant Mr. Saurabh Bhusal Personal Assistant Mr. Pradeep Bohara Translated by: Advocate Mr. Sundeep Bista Reviewed by: Mr. Shreekrishna Mulmi, Mr. Paras Paudel and Mr. Rajan Kumar KC Layout/Design: Publication Assistant Mr. Bishnu Bahadur Baruwal Publisher: National Judicial Academy, Harihar Bhawan Copies Published: 500 Copies Printer: Format Printing Press Pvt. Note: This annual report is a translation of Annual Report (Nepali) 2011/12 with necessary corrections and with updates of the activities. II Annual Report, 2011/012 (2068/2069) Foreword For the justice system to be effi cient and effective, it is imperative that the human resources involved in the judicial administration should also be competent and skilled. Effective judicial education, vocational training, relevant studies and research in the area of justice and law play an important role for the purpose of enhancing the capacity and skills of judicial human resources. For the purpose of enhancing the professional capacity and skills of human resources involved in the judicial sector and to provide training and to conduct studies and researches on various subject matters relating to law and justice, the NJA was established by the NJA Ordinance 2004 which was subsequently replacd by the NJA Act, 2006. The NJA from its very inception has been involving in carrying out programs such as training, interactions and seminars targeted towards the human resources involved with the justice sector in particular to the judges, government attorneys, court offi cers and Ministry of Law and Justice, offi cers and private lawyers. In addition to this, the NJA has been conducting a few capacity enhancement programs targeted for offi cers designated to hear cases at the quasi- judicial bodies and other concerned stakeholders of the justice sector. Likewise, the NJA has carried out studies and researches on relevant issues concerning the law and justice sector and has subsequently published and distributed its report among the stakeholders. Despite its limited human resources, the NJA during this fi scal year has been able to implement and complete majority of the programs that was determined by the Executive Committee and subsequently endorsed and approved by the Judicial Academy Council. The NJA has been able to successfully expand its relation with various national and international institutions. Despite its limited human resource, budget and insuffi cient physical infrastructure, the NJA has been able to complete various programs in the area of law and justice. However, the NJA has to travel miles of journey to fulfi l its responsibilities as mandated by the NJA Act. In the context, where the working area and responsibility of the NJA is increasing day by day, the task of addressing the training requirement of the stakeholder unit poses a challenge for the NJA. Activities vis-à-vis research in the area of law and justice, publication of training resource materials, development of faculties and institutional strengthening has not been able to move ahead effectively. Although limited resources and various other problem poses a risk to the institutional development of the NJA, the NJA nevertheless is committed towards making the NJA competent, capable and an intellectual institution by addressing these limitations and shortcomings. To this end, the NJA envisages and expects positive support and cooperation from all the concerned stakeholder units, judicial staff and intellectual society. National Judicial Academy III Annual Report, 2011/012 (2068/2069) GLOSSARY ABA - American Bar Association AGAO - Appellate Government Attorney Offi ce A2J - Access to Justice CA - Constituent Assembly CIAA - Commission for the Investigation of Abuse of Authority CCWB - Central Child Welfare Board CMP - Confl ict Mitigation Program CoA - Court of Appeal CRC - Convention on Rights of Child DAO - District Administration Offi ce DGAO - District Government Attorney Offi ce DFID - Department for International Development DNA - Deoxyribonucleic acid DPO - District Police Offi ce Dy.SP - Deputy Superintendent of Police ESP - Enabling State Programme FY - Fiscal Year ICC - International Criminal Court ICJ - International Commission of Jurists INSEC - Informal Sector Service Center IOM - International Organisation for Migration Insp. - Inspector JICA - Japan International Cooperation Agency MLID - Money Laundering Investigation Department KDC - Kathmandu District Court MOLTM - Ministry of Labor and Transport Management NASC - Nepal Administrative Staff College NBA - Nepal Bar Association IV Annual Report, 2011/012 (2068/2069) NHRC - National Human Rights Commission NJA - National Judicial Academy NCHR - Norwegian Center for Human Rights NWC - Nepal Women Commission OAG - Offi ce of the Attorney General OHCHR - Offi ce of the High Commissioner for Human Rights Prof. - Professor Pvt. Ltd. - Private Limited TAF - The Asia Foundation TIP - Traffi cking in Persons UNDP - United Nations Development Programme UNFPA - United Nations Population Fund UN WOMEN - United Nations Entity for Gender Equality and the Empowerment of Women UNICEF - United Nations Children’s Fund USAID - United States Agency for Intentional Development VoIP - Voice over Internet Protocol WDO - Women Development Offi cer V Annual Report, 2011/012 (2068/2069) Members of Judicial Academy Council are as follows: S.No. Name Designation 1. Rt. Hon. Chief Justice Mr. Khil Raj Regmi Chairperson 2. Hon. Prabhu Sah, Law and Justice Minister1 Member Hon. Brijesh Kumar Gupta, Law and Justice Minister2 Rt. Hon. Prime Minister Dr. Baburam Bhattarai (Incl. Ministry of Law and Justice) 3. Hon. Damodar Prasad Sharma, Justice, Supreme Court Member 4. Hon. Ram Kumar Prasad Shah, Justice, Supreme Court Member 5. Hon. Dr. Deependra Bahadur Chhetri, Vice-Chairperson, National Member Planning Commission 6. Hon. Dr. Yubaraj Sangroula, Attorney General3 Member Hon. Mukti Narayan Pradhan, Attorney General 7. Prof. Dr. Ambar Prasad Pant, Dean, Law Faculty, Tribhuvan University 4 Member Prof. Dr. Bidhya Kishor Roy, Dean, Law Faculty, Tribhuvan University 8. Mr. Pawan Kumar Ojha, Former Justice, Supreme Court5 Member 9. Prof. Dr. Rajit Bhakta Pradhananga, Law Faculty, Tribhuvan University Member 10. Mr. Prem Bahadur Khadka, President, Nepal Bar Association Member 11. Hon. Dr. Ananda Mohan Bhattarai, Judge, CoA Member 12. Hon. Narayan Prasad Shrestha, District Judge Member 13. Ms. Reeta Mainali, Advocate6 Member Ms. Geeta Pathak Sangroula, Advocate 14. Mr. Ram Krishna Chaudhari, Advocate7 Member 15. Mr. Bimal Biswakarma, Advocate Member 16. Hon. Raghab Lal Vaidya Member-Secretary Offi cials of the Executive Committee are as follows: S. No. Name Designation 1. Hon. Raghab Lal Vaidya Chairperson 2. Mr. Lohit Chandra Shah, Registrar, Supreme Court Member 3. Mr. Rajuman Singh Malla, Acting Secretary, Ministry of Law and Justice8 Member Mr. Bhesh Raj Sharma, Secretary, Ministry of Law and Justice 4. Mr. Jiwan Hari Adhikari, Secretary, Judicial Council Member 5. Mr. Puspa Raj Koirala, Deputy Attorney General, OAG Member 6. Mr. Bijaya Prasad Mishra, Secretary, Nepal Bar Association Member 7. Mr. Lal Bahadur Kunwar, Registrar, NJA9 Member- Mr. Yubaraj Gautam, NJA Secretary 1 Until Sept. 1, 2011. 2 Until May 17, 2012. 3 Until June 8, 2011. 4 Until June 8, 2011. 5 Until June 6, 2012. 6 Until Aug. 17, 2011. 7 Until Dec. 20, 2011. 8 Until Nov. 20, 2011. 9 Until Oct. 15, 2011. VI Annual Report, 2011/012 (2068/2069) Contents Chapter – One Preliminaries 1-6 1.1 Introduction 1.2 Objectives, functions and powers of the NJA 1.3 Organizational Structure of the NJA 1.3.1 Judicial Academy Council 1.3.2 Executive Committee 1.3.3 Administrative Structure 1.4 Fund of the NJA Chapter – Two The NJA’s Programs in this Fiscal Year 7-26 2.1 Programs under Government of Nepal Grant 2.1.1 Training for the Judges of District Courts working in Kathmandu Valley 2.1.2 Program on Application of Law relating to Writ: Principle and Practice 2.1.2.1 Interaction Program organized for Judges of CoA on Application of Law relating to Writ: Principles and Practices 2.1.2.2 Interaction program organized for district court judges on the application of law relating to writ, its principles and practices 2.1.2.3 Basic training on laws of writ for senior offi cers of the OAG 2.1.2.4 Training program relating to laws of writ for private lawyers 2.1.3 In-service Trainings 2.1.3.1 In-service training program for Nepal Judicial Service Gazetted (Class III) Offi cers 2.1.3.2 Second in-service training for Nepal Judicial Service Non-gazetted (Class I and II) Employees 2.1.4 Training Program on Commercial Law 2.1.4.1 Advanced Program on Commercial Law for Judges of CoAs 2.1.4.2 Interaction Program for Members of Revenue Tribunal and Government Attorneys 2.1.4.3 Programs for Private Law Practitioners VII Annual Report, 2011/012 (2068/2069) 2.1.5 Training Program for Bench Offi cers 2.1.6 Training Program on Enhancement of Skills on Legal Research 2.1.7 Training of Trainers 2.1.8 Capacity Development for new Entrant Lawyers 2.1.9 Training Program on