Kathmandu, Sept. 15:
The Supreme Court of Nepal has issued a full text of the verdict in which it issued a mandamus in the name of government on 25 April 2021 demanding better management of the open border between Nepal and India.
Constitutional expert and advocate Dr. Chandrakant Gyawali, border expert Buddhi Narayan Shrestha, and advocates Bimal Gyawali, Liladhar Upadhyaya, and Shashi Kumar Karki had filed a writ petition on 26 March 2017 seeking orders from the Supreme Court to regulate the Nepal-India border. The petition was filed against the various government ministries and agencies including Prime Minister’s Office, Parliament Secretariat, Ministry of Foreign Affairs, Ministry of Home Affairs, Ministry of Defense, and Ministry of Land Management.
The full text of the verdict issued in the name of the government by the joint bench of Justices Prakashman Singh Raut and Purushottam Bhandari in 2021, ordered the government to prevent illegal and criminal activities in the border area and to manage the entry and exit of people through the border.
“Manage the border on the basis of the constitution of Nepal, existing laws, international laws and the treaties as well as agreements between the two countries to protect Nepal’s independence, sovereignty, geographical integrity, nationality, independence, self-respect, and the rights and interests of Nepali citizens,” read the full text.
However, it has maintained that the protecting of the border and national interest of the country, on the basis of mutual equality, respect and mutual interest. It has said that the government should sign more treaties with India through political and diplomatic initiatives, if needed.
According to the verdict, the security agencies should made the security system at the border should be made tighter and drones and CCTVs should be used for effective surveillance. “Provide language training to the human resources working at the immigration offices and security agencies at the border crossings, and make the travelers entering Nepal show their official identity cards at the immigration office or security agencies. Keep records of the same to regulate and manage the movement in the border area,” read the full text of the mandamus.
The SC has also asked the government to resolve the border disputes with India.
“For the clarity and demarcation of the disputed border areas of Nepal, take diplomatic initiative and reach an agreement with India to ensure that disputes do not arise again,” read the verdict. Such agreements should be made on the basis of the past treaties between the two countries and historical documents.
Responding to the government’s response to the court that an expert group is involved in the work of constructing and restoring the missing border pillar, and clearing the Dasgaja (no-man’s land) area, the SC also issued a mandate that the work should be carried forward effectively and the border dispute should be resolved.
The court has also taken a special notice of the state and condition of the country’s border, control of cross-border criminal activities, and said that these issues directly or indirectly are of the interest and concern of all Nepali citizens.
According to the SC, since it is the government’s responsibility to protect Nepal’s independence, sovereignty, geographical integrity, national unity, independence and self-respect and the rights and interests of Nepali people as well as to protect the border, and to initiate a review of the treaty agreement between Nepal-India regarding open border management and regulation.
Likewise, to protect the livelihood of the Nepali people and prevent border abuse is also the responsibility of the government, read the text. “The government can’t shy away from its responsibility to control illegal activities at the border citing tradition or any other causes.
Although the government said that it has been putting efforts to control the criminal activities at the border points, smuggling of drugs, girl trafficking, transaction of counterfeit currencies, and other criminal activities are happening ther” said the Court.
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