30 September 2011. The Supreme Court on 22 September 2011 issued a directive order in the name of the government to review the quasi-judicial power granted to the CDO by various laws including the Public Act 1970 and the Arms and Ammunition Act 1962. Under these laws the CDO is authorized to hear criminal cases. Challenging this jurisdiction of the CDO, Advocacy Forum (AF) had filed a writ petition on 31 Dec 2009.
In its ruling, the special bench of Honorable Justice Kalyan Shrestha, Girish Chandra Lal and Sushila Karki issued such order to review the provision and also issued a mandamus order for its immediate implementation. The writ petitioner had claimed that the jurisdiction was against Article 24(9), 100 and 101 of the Interim Constitution of Nepal 2006 and Article 14(1) of the International Covenant on Civil and Political Rights (ICCPR) and had demanded immediate repealing of the provision providing such jurisdiction. Contrary to this, the Apex Court has, however, refrained from making such provisions unconstitutional stating that it would create legal vacuum in absence of other alternative bodies to undertake the said jurisdiction.
In its directives the SC has ordered the Government to form a research committee comprising legal and administrative experts to amend the existing laws providing the aforesaid power and submit its report within six months.
