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Wednesday 19th September 2018

Writ at Supreme Court against the Supreme Court 


 Court Reporter: 

Demanding an amendment in the provision related to fine and imprisonment provision in District Court Regulation 2052 a writ petition of certiorari has been filed at the Supreme Court against the Supreme Court Sunday.

Advocate Swagat Nepal

Advocate T P Sharmam Kadel

Advocates duo Bhadra Prasad Nepal also known as Swagat Nepal, Tika Prasad Sharme Kadel and a prisoner at Nakhkhu jail Lalitpur  Bishnu Bahadur Chhetri, for deception charges, are the applicants of the writ.

It is claimed in the writ petition that the provision of fine charged by the verdict of court is easy not to pay than staying in the jail. Writ petition has also claimed that the regulations made by the apex court are beneficial for the criminals and corrupt persons that allow every one not to pay the fine and stay in jail.

 

 

“Similarly, the prisoners are not allowed to sale their own property to pay their fine as punishment. But, the court regulation has provisioned  to add more imprisonment up to 4 years. If they had the right to pay the fine by selling their own property would have come out of from the jail. Only because of the provision the constitutional fundamental property right has been violated.”  the writ petitioners have said, ‘” prisoners also have their property right.”

 

The writ has also demanded to make the Director General at the verdict implementation Department of Supreme court proactive for the issues with directive order.
The hearing on the case has been scheduled for February 10 of 2016.

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