KATHMANDU: The Supreme Court has issued a mandamus order directing the government to expedite investigations into complaints related to transitional justice and bring them to a prompt conclusion.
A constitutional bench led by Acting Chief Justice Sapana Pradhan Malla, along with Justices Manoj Kumar Sharma, Nahakul Subedi, Abdul Aziz Musalman and Tek Prasad Dhungana, issued the directive on Tuesday.
The order instructs authorities to effectively investigate complaints registered with the Truth and Reconciliation Commission Nepal and the Commission of Investigation on Enforced Disappeared Persons and ensure timely resolution.
“The mandamus has been issued to remove barriers to access to justice by advancing investigations and concluding them promptly,” said Supreme Court spokesperson Arjun Prasad Koirala in a statement on Wednesday.
The bench also upheld the constitutionality of the third amendment to the law governing the two commissions, stating that it aligns with international standards, Supreme Court rulings, and existing legal provisions.
The verdict came in response to a writ petition filed by former Constituent Assembly member Kul Bahadur Gurung and advocate Gyan Bahadur Basnet, who had challenged the amendment as unconstitutional and sought faster investigation and resolution of pending complaints.
The amendment replaces the term “serious violation of human rights” in several provisions with “violation of human rights or serious violation of human rights,” a change contested by the petitioners.
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