Kathmandu. The Supreme Court (SC) has issued an interim order in the name of security personnel and law enforcement officials asking the locals along the Nepal-India border areas to treat them with dignity while purchasing basic goods for their personal and household purposes.
A division bench of Justices Hari Prasad Phuyal and Tek Prasad Dhungana issued the interim order in the name of defendants as per Rule 49 (2) (a) of the Supreme Court Regulations, 2074.
The court issued the order while hearing a writ of certiorari (082-WO-1205) filed by advocate Amitesh Pandit, also associated with DJL Associates, naming the Office of the Prime Minister and Council of Ministers as the defendant.
What’s in order?
The Supreme Court’s order has retained the need to control the offence of transporting goods for commercial purposes or smuggling, emphasizing the following:
It has also been asked not to obstruct the transportation of medical supplies related to the health of the concerned person. The government has also directed the government not to stop the import of minimum necessities of social relations and ceremonies and the minimum goods purchased by the local people along the border areas for personal and family use.
The court has given clear directions to the law enforcement authorities to treat and cause to be treated with dignity in a manner that is not against the right to live with dignity guaranteed by Article 16 of the Constitution of Nepal.
What about the limitations of the customs policy?
The petitioners have filed a notice published in the Nepal Gazette dated 2082/02/15 pursuant to Section 13(3) of the Customs Tariff Act, 2081 and the amount specified in the course of its implementation. The validity of the cap of Rs. 100/- was questioned.
In this regard, the court has said that it is the sovereign right of the state to impose customs duty and there is a legal provision that the Government of Nepal can exempt it. The government’s fixed amount of Rs. The Supreme Court has made it clear that no further order is required to be issued on the issue as the validity, relevance and justification of the limit of Rs. 100/- will be considered at the time of full hearing of the petition.
