Section 21
Provision On Inspection
(1) Each Court hearing appeal shall, at least once a year, inspect its subordinate courts, judicial or quasi-judicial body or the authorities by deputing its own judge.
(2) While carrying out inspection in accordance with Sub-Section (1), the act of inspection shall be done to the cases pending with the concerned Court, body or authority and the cases heard and settled by such a Court, body or
authority.
(3) While carrying out inspection in accordance with Sub-Section (2), in- particular case-files relating to following cases shall be inspected. (a) Cases wherein a person is detained for trial,
(b) Some cases, out of the cases being settled finally in absence of appeal,
(c) Cases where any children, women or disabled, suffered by mental illness or the person crossed the age of seventy five years are involved as a party of the case,
(d) Cases where any question of public concern or interest is involved therein.
(e) Case, where any incapable person is involved as the party of the case
(4) While carrying out inspection in according to this Section, the act of inspection shall be done in following aspects:
(a) Whether or not the execution of judgments has been performed in the time,
(b) Whether or not the orders and directives issued by superior Courts have been carried out, and
(c) Whether or not the proceeding in the sub judice cases are being performed satisfactorily.
(5) While carrying out inspection or enquiry in accordance with Sub-Section (2), (3) or (4), in case it is found that any act supposed to be performed has not been performed and the act supposed to be not performed has been performed, the inspecting Judge shall issue order on the spot to do as per the law.
Provided however that if the order, issued to the defendant to make presence on the appointed dates or furnish guarantee or be kept under detention for trial (Thunchhek Aadesh) in criminal case, where the
Government of Nepal is the party, is required to be quashed, report shall be given to the court hearing appeal of the inspected court and send to concerned court to do as per the order of said court.
(6) The inspecting judge may also make inquiries with the employees of the
Court, body or authority being inspected with the parties to the cases present
in the Court, body or authority, the legal practitioners and other related
persons with respect of the acts and actions of the concerned Court, body or
authority and ask for their suggestions and comments thereon.
(7)The inspecting judge shall, by preparing report of inspection and evaluation
after the completion of the act of inspection, send an inspection report to the
Supreme Court, the concerned court hearing appeal and the Secretariat of
Judicial Council, where the inspection of a Court has been made. The report
shall be submitted to the Supreme Court, the court hearing appeal, concerned
Ministry and concerned body of state government having authority to take
action, where the inspection of judicial or quasi-judicial body or authority has
been made.
(8) The Judicial Council or the body receiving such report shall, after
receiving inspection and evaluation report submitted as per the Sub-Section
(7), take action in the issues as mentioned in the report by carrying out
necessary enquiry as quick as possible and such action shall also be a criterion
of evaluation for career development of concerned official.
(2) While carrying out inspection in accordance with Sub-Section (1), the act of inspection shall be done to the cases pending with the concerned Court, body or authority and the cases heard and settled by such a Court, body or
authority.
(3) While carrying out inspection in accordance with Sub-Section (2), in- particular case-files relating to following cases shall be inspected. (a) Cases wherein a person is detained for trial,
(b) Some cases, out of the cases being settled finally in absence of appeal,
(c) Cases where any children, women or disabled, suffered by mental illness or the person crossed the age of seventy five years are involved as a party of the case,
(d) Cases where any question of public concern or interest is involved therein.
(e) Case, where any incapable person is involved as the party of the case
(4) While carrying out inspection in according to this Section, the act of inspection shall be done in following aspects:
(a) Whether or not the execution of judgments has been performed in the time,
(b) Whether or not the orders and directives issued by superior Courts have been carried out, and
(c) Whether or not the proceeding in the sub judice cases are being performed satisfactorily.
(5) While carrying out inspection or enquiry in accordance with Sub-Section (2), (3) or (4), in case it is found that any act supposed to be performed has not been performed and the act supposed to be not performed has been performed, the inspecting Judge shall issue order on the spot to do as per the law.
Provided however that if the order, issued to the defendant to make presence on the appointed dates or furnish guarantee or be kept under detention for trial (Thunchhek Aadesh) in criminal case, where the
Government of Nepal is the party, is required to be quashed, report shall be given to the court hearing appeal of the inspected court and send to concerned court to do as per the order of said court.
(6) The inspecting judge may also make inquiries with the employees of the
Court, body or authority being inspected with the parties to the cases present
in the Court, body or authority, the legal practitioners and other related
persons with respect of the acts and actions of the concerned Court, body or
authority and ask for their suggestions and comments thereon.
(7)The inspecting judge shall, by preparing report of inspection and evaluation
after the completion of the act of inspection, send an inspection report to the
Supreme Court, the concerned court hearing appeal and the Secretariat of
Judicial Council, where the inspection of a Court has been made. The report
shall be submitted to the Supreme Court, the court hearing appeal, concerned
Ministry and concerned body of state government having authority to take
action, where the inspection of judicial or quasi-judicial body or authority has
been made.
(8) The Judicial Council or the body receiving such report shall, after
receiving inspection and evaluation report submitted as per the Sub-Section
(7), take action in the issues as mentioned in the report by carrying out
necessary enquiry as quick as possible and such action shall also be a criterion
of evaluation for career development of concerned official.