Section 26
Special Provision Relating To Hearing Of The Petition Of Habeas Corpus
(1) If the Court is to remain closed for Three or more days, a judge as hereunder shall be designed to accept and hear petition of habeas corpus during the period of closure:-
(a) With regard to Kathmandu Valley, the Justice of Supreme Court as deputed by the Chief Justice,
(b) With regard to the District locating High Court and District Court, the Judge of concerned High Court deputed by the Chief Judge of the High Court,
Clarification: For the purpose of this part “High Court” shall also means the location (Mukam) of High Court.
(c) In other place excluding Part (a) and (b), where District Court is located, the Judge of concerned District Court and if there are more than one District Judges in such District, the District Judge assigned by the District Judge working as a Chief of the District Court.
(2) Notwithstanding anything contains in this Act or other prevailing laws, the Judge assigned in accordance with Sub-Section (1) may issue appropriate order by hearing over the petition filed before concerned Court during the
period such closure the Court and concerned authority shall implement such order even in the time of holiday,
(3) The place to filing petition in accordance with this Section and hearing accordingly shall be as determined by the Judge as prescribed in accordance with Sub-Section (1).
(a) With regard to Kathmandu Valley, the Justice of Supreme Court as deputed by the Chief Justice,
(b) With regard to the District locating High Court and District Court, the Judge of concerned High Court deputed by the Chief Judge of the High Court,
Clarification: For the purpose of this part “High Court” shall also means the location (Mukam) of High Court.
(c) In other place excluding Part (a) and (b), where District Court is located, the Judge of concerned District Court and if there are more than one District Judges in such District, the District Judge assigned by the District Judge working as a Chief of the District Court.
(2) Notwithstanding anything contains in this Act or other prevailing laws, the Judge assigned in accordance with Sub-Section (1) may issue appropriate order by hearing over the petition filed before concerned Court during the
period such closure the Court and concerned authority shall implement such order even in the time of holiday,
(3) The place to filing petition in accordance with this Section and hearing accordingly shall be as determined by the Judge as prescribed in accordance with Sub-Section (1).