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ASSESSMENTS
Afghanistan
Bangladesh
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India
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BACKGROUNDER
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Court Proceedings:2016
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Date
Incidents
March - 10 
Chairperson of Federal Socialist Forum-Nepal (FSF-N) Upendra Yadav on March 10 accused the Government of not being serious to address the issues of Madhes, reports Republica. He said that the United Democratic Madhesi Front (UDMF) had given a chance for the Government to settle the issues by changin
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Chairperson of Federal Socialist Forum-Nepal (FSF-N) Upendra Yadav on March 10 accused the Government of not being serious to address the issues of Madhes, reports Republica. He said that the United Democratic Madhesi Front (UDMF) had given a chance for the Government to settle the issues by changing the forms of agitation in Madhes. He warned to go for agitation from March second week if the Government failed to show definite approach to address Madhes issues. He also urged the major political parties to sort out Madhes issues before next round of Madhes agitation.
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March - 18 
Leaders of the then unified Communist Party of Nepal-Maoist (CPN-Maoist) on March 18 urged Prime Minister KP Sharma Oli to let their leaders skip regular court orders, reportsThe Himalayan Times. Unified Communist Party of Nepal-Maoist (UCPN-M) Chairman Pushpa Kamal Dahal, Communist Party of N
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Leaders of the then unified Communist Party of Nepal-Maoist (CPN-Maoist) on March 18 urged Prime Minister KP Sharma Oli to let their leaders skip regular court orders, reportsThe Himalayan Times. Unified Communist Party of Nepal-Maoist (UCPN-M) Chairman Pushpa Kamal Dahal, Communist Party of Nepal- Revolutionary Maoist (CPN-Revolutionary Maoist) Chairman Mohan Baidya and the then senior leader of the UCPN-M, Baburam Bhattarai, among others, met the Prime Minister and urged that judicial cases from the war era against its leaders should not be dealt by regular courts of justice.
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March - 23 
Supreme Court (SC) on March 23 upheld Section 9 of the Terrorists and Disruptive Activities (Control and Punishment) Ordinance of 2005 that authorises the Government to keep a person in preventive detention for up to a year without prosecution or trial. Quashing a writ petition questioning the const
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Supreme Court (SC) on March 23 upheld Section 9 of the Terrorists and Disruptive Activities (Control and Punishment) Ordinance of 2005 that authorises the Government to keep a person in preventive detention for up to a year without prosecution or trial. Quashing a writ petition questioning the constitutionality of the provision on the grounds that it was against human rights, the SC said: "The provision is in tune with the Constitution as per the Public Security Act promulgated by parliament that entertains preventive detention by the authorities." It also upheld the terrorist tag on leaders of the Communist Party of Nepal (Maoist), approving the two-and-a-half-year-old Government decision to ban the insurgents. "Since, under Article 112 of the Constitution, the petitioner could not produce evidence to prove the Maoists a political party, there is no need to scrap the government’s decision," said the Court order.
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May - 8 
A writ petition was filed at the Supreme Court (SC) against the nine-point agreement signed by Unified Communist Party of Nepal-Maoist (UCPN-M) and Communist Party of Nepal-Unified Marxist Leninist (CPN-UML), reports The Himalayan Times on May 9. Four advocates and a student of law have filed the wr
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A writ petition was filed at the Supreme Court (SC) against the nine-point agreement signed by Unified Communist Party of Nepal-Maoist (UCPN-M) and Communist Party of Nepal-Unified Marxist Leninist (CPN-UML), reports The Himalayan Times on May 9. Four advocates and a student of law have filed the writ petition, stating that the two parties’ agreement to withdraw conflict era cases and to accelerate the process of amending the relevant laws within 15 days was against the verdicts delivered by the SC. The petitioners have said the signatories of the nine-point deal acted against the independence
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May - 13 
The Supreme Court (SC) on May 13 dismissed the writ petition against the 9-point deal between the Unified Communist Party of Nepal-Maoist (UCPN-M) and Communist Party of Nepal-Unified Marxist Leninist (CPN-UML), reports Republica. A single bench of Acting Chief Justice Sushila Karki dismissed the pe
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The Supreme Court (SC) on May 13 dismissed the writ petition against the 9-point deal between the Unified Communist Party of Nepal-Maoist (UCPN-M) and Communist Party of Nepal-Unified Marxist Leninist (CPN-UML), reports Republica. A single bench of Acting Chief Justice Sushila Karki dismissed the petition stating that the deal was a political document signed between two political parties that didn’t require any judicial review. The apex court has also clarified that a show cause notice over the writ petition was not necessary as the deal calls for withdrawing only the cases filed with political bias, and that there is already a set procedure to withdraw such cases.
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May - 24 
Supreme Court (SC) on May 24 summoned Unified Communist Party of NepalMaoist (UCPNM) Chairman Pushpa Kamal Dahal on a contempt of court writ filed by advocate Dinesh Tripathi, reports The Himalayan Times. After a preliminary hearing, a single bench of Acting Chief Justice Sushila Karki summoned Daha
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Supreme Court (SC) on May 24 summoned Unified Communist Party of NepalMaoist (UCPNM) Chairman Pushpa Kamal Dahal on a contempt of court writ filed by advocate Dinesh Tripathi, reports The Himalayan Times. After a preliminary hearing, a single bench of Acting Chief Justice Sushila Karki summoned Dahal to be present before the apex court and reply within three days. Tripathi had move the apex court as Dahal criticized the judiciary for issuing verdicts on the conflictera cases tantamount to the contempt of court. The petitioner has demanded maximum punishment, which includes one year jail term, to the former prime minister, who is the top leader of one of the ruling parties.
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June - 12 
Krishna KC lodged a complaint at the Truth and Reconciliation Commission (TRC) on June 12 against the former King Gyanendra Shah and five former Prime Ministers (PMs), seeking justice for his detention by the Nepal Army (NA) for 810 days during the insurgency, reports Republica. A permanent resident
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Krishna KC lodged a complaint at the Truth and Reconciliation Commission (TRC) on June 12 against the former King Gyanendra Shah and five former Prime Ministers (PMs), seeking justice for his detention by the Nepal Army (NA) for 810 days during the insurgency, reports Republica. A permanent resident of Baglung Municipality Ward no 3, KC, in his complaint, stated that he was arrested by the NA personnel from Manohara Bridge in Kathmandu on September 13, 2003 and taken to various battalions in Kathmandu, including Bhairabnath Battalion, and Mahendra Battalion in Gorkha, keeping in detention for 27 months. KC submitted the complaint to the TRC Chairman Surya Kiran Gurung, demanding stern action against former King Shah, and PMs Girija Prasad Koirala, Surya Bahadur Thapa, Lokendra Bahadur Chand, Krishna Prasad Bhattarai and Sher Bahadur Deuba.
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September - 8 
The Supreme Court (SC) on September 8 issued a show cause notice on a writ petition filed by four advocates, demanding that the Government make public its work plan relating to all three levels of elections and announcement of election dates, reports The Himalayan Times. The order was passed by a si
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The Supreme Court (SC) on September 8 issued a show cause notice on a writ petition filed by four advocates, demanding that the Government make public its work plan relating to all three levels of elections and announcement of election dates, reports The Himalayan Times. The order was passed by a single bench of Justice Ananda Mohan Bhattarai. The petition was filed recently by advocates Chandra Kanta Gyawali, Liladhar Upadhyay, Bimal Gyawali and Shashi Karki. Petitioner Gyawali said that they have said in their writ petition that provincial, local and general elections should be held before January 22, 2017 but the Government had not made public its election work plan, neither had it made legal and other structural preparations for the same.
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December - 8 
Supreme Court (SC) on December 8issued show cause notice to Speaker Onsari Gharti Magar and Prime Minister Pushpa Kamal Dahal on a case filed against the registration of Constitution amendment bill in the Parliament, reports The Himalayan Times. Advocate Tika Dhwoj Khadka had filed the case against
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Supreme Court (SC) on December 8issued show cause notice to Speaker Onsari Gharti Magar and Prime Minister Pushpa Kamal Dahal on a case filed against the registration of Constitution amendment bill in the Parliament, reports The Himalayan Times. Advocate Tika Dhwoj Khadka had filed the case against the speaker, the Prime Minister, the Office of the Prime Minister and Council of Ministers, Parliament Secretariat and minister for law, justice and parliamentary affairs arguing that revision of provincial boundaries was not allowed by the constitution without the consent of the provincial assembly concerned.Meanwhile, Communist Party of Nepal-Unified Marxist Leninist (CPN-UML)Chairman KP Sharma Oli on December 8 said that House obstruction to continue till bill to amend Constitution not withdrawn, reports The Himalayan Times. Talking to media persons outside the meeting venue in Singha Durbar, Oli said the speaker wanted to see an end to House obstruction and wished that important issues be debated in the House. Oli said he told the speaker that if the Government withdrew the Constitution amendment bill and started a fresh process to reach a new consensus, House obstruction would end.
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