Adalat Lawyers provides professional Special Court legal services in Nepal, representing clients in cases under the Special Court Act, 2059 and applicable laws. Our lawyers handle Special Court proceedings, case assessment, charge-sheet review, defense, evidence, bail and detention matters, hearings, written arguments, judgment review, and appeals before the Supreme Court.
The Special Court in Nepal is a specialized judicial institution established to hear and decide specified categories of cases in accordance with the Special Court Act, 2059 (2002). Its legal foundation is also supported by Article 152 of the Constitution of Nepal, 2072, which permits the establishment of specialized courts, judicial bodies or tribunals under federal law for cases of a particular nature.
The Special Court is intended to ensure that designated cases are investigated, heard and decided through a specialized judicial mechanism in a prompt, efficient and effective manner. The Special Court Act, 2059 specifically provides for its constitution, jurisdiction, powers and procedures. Adalat Lawyers in Nepal.
The principal legal framework includes:
The Special Court Rules, 2080 were made by the Government of Nepal under the rule-making authority provided by Section 23 of the Special Court Act, 2059. The Rules regulate various administrative and procedural matters of the Court.
The preamble of the Special Court Act, 2059 states that the law was enacted to establish a Special Court and make legal arrangements concerning its constitution, jurisdiction and procedure so that specified cases could be dealt with and disposed of quickly, efficiently and effectively.
Therefore, the Special Court should not simply be described as a court for “serious criminal cases.” Its jurisdiction depends upon the specific categories of cases designated under law and Government notification in the Nepal Gazette.
Under Section 3 of the Special Court Act, 2059, the Government of Nepal may establish a Special Court by publishing a notice in the Nepal Gazette, in consultation with the Judicial Council, for the speedy and effective hearing and disposal of specified categories of cases.
The Government determines the required members of the Special Court and also specifies its territorial jurisdiction and seat. Where necessary, the Government may establish a bench at another location for a specified period through a Gazette notification.
Where a Special Court has more than three members, each bench is constituted with three members as prescribed by Section 3.
Section 6 of the Special Court Act provides that the initial proceedings and disposal of specified cases shall be conducted by the Special Court.
The categories of cases assigned to the Special Court are determined through the applicable legal framework and Government notification. The Government may also add or remove cases assigned to a Special Court by publishing a notice in the Nepal Gazette under Section 4.
Accordingly, jurisdiction should be determined from the applicable statute and Gazette notification rather than assuming that every serious or high-profile criminal case falls within the Special Court's jurisdiction.
Special Court proceedings generally involve the following stages, subject to the applicable law and facts of the particular case:
A case falling within the Special Court's jurisdiction is instituted before the Court in accordance with the applicable law. The Special Court Rules, 2080 expressly recognize documents such as complaints, charge-sheets, supplementary charge-sheets, appeals, written defense, written replies, written arguments and other applications as court documents.
After filing, the Court undertakes the necessary preliminary proceedings, including consideration of the documents and procedural requirements applicable to the case.
The Court exercises the jurisdiction conferred by the Special Court Act collectively through the bench, subject to the statutory provisions concerning one-member and two-member benches for specified procedural matters.
Section 10 contains special provisions regarding service of summons.
For a defendant located in Nepal, a summons may generally provide up to 15 days, excluding the travel period. Where the defendant is outside Nepal, the period may generally extend up to 30 days, excluding the travel period.
Special provisions also exist for service through a representative or office in Nepal and, where necessary, through other prescribed communication or publication methods.
The accused or defendant is required to respond to the proceedings in accordance with the applicable procedural law. Legal representation and preparation of defense documents, evidence and written submissions are important parts of Special Court litigation.
The Special Court Rules, 2080 expressly recognize written defense, written replies and written arguments among documents used in proceedings.
The Special Court has specific statutory powers concerning evidence.
Under Section 7, the Court may examine witnesses and other persons relevant to the case and may obtain necessary evidence. It may also issue warrants where an accused or witness fails to appear in accordance with the law.
The Special Court has specific powers concerning pre-trial detention, bail and security.
Where the available evidence does not justify detention, the Court may require bail or security after considering matters including the alleged loss or amount involved and potential imprisonment or fine.
Where sufficient and reasonable grounds exist for detention, the Court may order detention for trial in accordance with Section 7.
Section 8 authorizes the Special Court, considering factors such as the seriousness of the allegation, the position of the accused and the nature and extent of the alleged offence, to order the relevant authority to:
Such orders are subject to the statutory requirements and circumstances of the case.
Where additional relevant evidence is discovered after a charge-sheet has already been filed, Section 9 permits the Government Attorney to seek the Special Court's permission for further investigation, additional claims or proceedings against additional accused persons, subject to the requirements of the Act.
The Court proceeds with hearings, examination of evidence and legal submissions according to the Special Court Act, the Special Court Rules, 2080 and applicable procedural law.
Written arguments and other procedural documents may form part of the case record under the Special Court Rules, 2080.
After considering the pleadings, evidence, submissions and applicable law, the Special Court delivers its judgment or final order.
The Special Court Act requires cases to be disposed of generally within six months from the date of filing. This is a statutory target expressed as “generally,” rather than an absolute guarantee that every case will necessarily conclude within six months.
Section 6 provides detailed rules for exercising jurisdiction through the bench.
Where three members are present, a decision supported unanimously by all three members or by a majority of two members constitutes the decision of the Court.
The Act also provides mechanisms for situations involving two-member benches and disagreement among members, including circumstances in which a matter may be referred to the Supreme Court for determination in accordance with the statutory procedure.
Therefore, the statement that the Special Court simply makes every decision unanimously is not legally accurate; majority decision-making is expressly recognized by Section 6.
Under Section 16(1) of the Special Court Act, the Special Court should generally dispose of a case within:
Six months from the date of filing.
For an appeal from a Special Court decision, the Supreme Court should generally dispose of the matter on priority within:
Three months from the date of receipt of the case file.
These provisions are statutory directions concerning disposal time and should not be presented as an unconditional guarantee that every proceeding will finish within the stated period.
A party dissatisfied with a judgment or final order of the Special Court may appeal to the Supreme Court of Nepal.
Under Section 17 of the Special Court Act, 2059, an appeal may be filed within 35 days from the date of the judgment or final order.
The Supreme Court is therefore the appellate forum for decisions and final orders of the Special Court under the Act. Law firm in Nepal.
Section 18 provides that the judgment or final order of the Special Court shall be implemented by the authority specified by the Court in its judgment or final order.
Where no such authority is specified, enforcement is carried out by the concerned District Court.
Yes. Section 20 of the Special Court Act provides that the Government of Nepal may dissolve the Special Court by publishing a notice in the Nepal Gazette.
Where the Special Court is dissolved, pending cases or complaints that remain undecided are transferred to the court having the relevant territorial jurisdiction as provided by the Act.
The Special Court does not simply sit “anywhere where judges find convenient.” Under Section 3, the Government of Nepal determines the territorial jurisdiction and seat of the Special Court when establishing it.
The Government may also designate another place for a bench for a specified period through a Gazette notification.
The Supreme Court's current Special Court portal identifies the Special Court at Babarmahal, Kathmandu, and provides access to case information, daily and weekly cause lists, judgments and other court services.
The Special Court Rules, 2080 are an important procedural source for current Special Court administration and proceedings.
The Rules define important terms including “charge-sheet,” “Commission” referring to the Commission for Investigation of Abuse of Authority (CIAA), “legal practitioner,” “Full Court,” “Registrar” and various court documents.
They should therefore be read together with the Special Court Act, 2059 when considering the practical procedure of a case.
The Special Court is particularly associated with cases arising from investigations and prosecutions involving corruption-related offences within its statutory jurisdiction. The Special Court Rules, 2080 specifically define “Commission” as the Commission for Investigation of Abuse of Authority (CIAA).
However, it is more legally accurate to say that the Special Court hears cases falling within its statutory and notified jurisdiction, rather than stating that every CIAA investigation automatically becomes a Special Court case.
The phrase “Special Procedure Act, 2049” in the supplied material should not be presented as the principal governing statute of the Special Court.
The principal statute is the Special Court Act, 2059, supplemented by the Special Court Rules, 2080. Where the Special Court Act does not specifically provide a procedure, Section 12 permits the Court to exercise the powers and procedures available to a District Court under prevailing law.
The Supreme Court has also recognized the importance of applying the general civil and criminal procedural framework to procedural matters not specifically addressed by special legislation.
Special Court cases can involve complex factual, evidentiary and procedural questions. Legal representation may include:
The appropriate legal strategy depends upon the allegations, evidence, applicable statute, procedural stage and individual facts of the case.
Adalat Lawyers provides legal representation and litigation support in Special Court proceedings in Nepal. Our lawyers assist clients with case assessment, jurisdictional issues, defense preparation, evidence review, procedural applications, bail-related matters, hearings, written submissions, judgment review and appeals before the Supreme Court, subject to applicable law.
For individuals, companies, public officials and other parties involved in proceedings falling within the jurisdiction of the Special Court, timely legal advice and representation can be important from the investigation and charge-sheet stage through final judgment and appeal.
The Special Court of Nepal is a specialized judicial institution established under the Special Court Act, 2059 to deal with legally designated categories of cases through a specialized and comparatively expedited process. Article 152 of the Constitution provides the constitutional basis for specialized courts, while the Special Court Act and Special Court Rules, 2080 establish the Court's jurisdiction, powers and procedural framework.
A Special Court case may involve investigation, charge-sheet filing, registration, summons, evidence, detention or bail, property and passport restrictions, hearings, written arguments, judgment and, where permitted, an appeal to the Supreme Court within 35 days. The Act generally requires disposal of cases within six months, while appeals in the Supreme Court are generally to be disposed of on priority within three months from receipt of the case file.
