Writ Filed In Supreme Court Seeking Online Hearings And 24-Hour Emergency Bench

Kathmandu: A writ petition has been filed at the Supreme Court seeking the provision of a 24-hour emergency bench in courts, similar to emergency services in hospitals. The petition also demands the use of online hearings in urgent cases.

The writ was filed on Tuesday by law students Bivek Chaudhary, Nikesh Nepal, and Roshan Auji. They are studying at Nepal Law Campus and National Law College.

The petition argues that justice must be available at any time when there is an immediate threat to fundamental rights, including life, liberty, dignity, and property.

The petitioners have described access to justice as an essential service, similar to health care. The writ states that just as delays in emergency medical treatment can be fatal, delays in justice can cause irreparable harm to citizens’ fundamental rights.

They have argued that a 24-hour emergency bench is necessary to make the right to justice guaranteed under Article 20 of the Constitution effective.

The writ demands the development of a system that allows citizens to file applications online and conduct hearings online when required. According to the petitioners, such a mechanism would help courts issue immediate interim orders, especially in cases involving illegal detention, threat to life, or serious physical danger.

The petition cites judicial practices in countries including India, Pakistan, and Bangladesh, as well as the United States, United Kingdom, and Canada. It states that timely judicial review is essential to prevent abuse of executive power and to ensure good governance.

The Supreme Court has scheduled the preliminary hearing of the writ for Wednesday at 10 am.

 

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