Supreme Court Directs Diplomatic Missions Abroad to Facilitate Statements and Depositions

The Supreme Court has instructed Nepalis living abroad to be allowed to provide statements and depositions for ongoing cases through the Nepalese embassies or diplomatic missions in their respective countries. The Court emphasized that the use of information technology should not be restricted within the justice system but instead adapted in line with technological advancements and social needs. Following this order, delays in cases pending in Nepal due to defendants’ overseas locations are expected to end, and legal proceedings are anticipated to progress more effectively. Kathmandu, 12 Jestha.

The Supreme Court ruled that Nepalis residing abroad must be able to appear at Nepalese embassies or diplomatic missions to provide statements and depositions in cases being heard in Nepal. This decision came in response to an appeal against an order in a corruption case under adjudication in a special court. The Supreme Court’s directive prohibits barring Nepalis abroad from offering statements or depositions through embassies or diplomatic offices. This ruling facilitates participation for Nepalis overseas involved in Nepalese legal proceedings.

The path is now open for individuals accused in criminal cases who currently live abroad to be included in the legal process. Although for some years, statements from defendants and depositions from witnesses have been submitted to courts by means other than in-person appearances, and some foreign-based lawyers have even been allowed to participate in arguments in special and other courts, until now, overseas Nepalis were not permitted to provide statements or depositions to courts.

The Supreme Court interpreted the growing use of information technology as a development that should be embraced liberally. With rapid digital transformation underway, the Court concluded that instead of restricting technology’s use, it should be regulated appropriately. The joint bench of Justices Hari Phuyal and Bal Krishna Dhakal noted in the order, “As technological growth and utilization reduce geographical barriers, employing it to facilitate justice delivery will be a positive reform for Nepalese courts.”