The Constitution of Nepal provides for three (3) tiers of court, namely the “District Court,” “High Court,” and “Supreme Court.” These three tiers of courts can be categorized as regular courts. Apart from these regular courts, Article 152 of the Constitution provides for the formation of specialized courts that adjudicate cases of a specific nature (The Constitution of Nepal).

The formation and operation of the Special Court in Nepal has been going on since the year 2013 B.S. However, after the promulgation of the Constitution of the Kingdom of Nepal in 2047, the provision for establishing a specialized court was formalized. Following these pivotal legal advancements, the ‘Special Court’ was established in the year 2057 B.S. with an ordinance. (विशेष अदालत).

Contemporarily, in accordance with Article 152 of the Constitution and the Special Court Act, 2059 (2002), the ‘Special Court’ is being regulated in order to strengthen anti-corruption mechanisms and adjudicate corruption-related cases (Special Court of Nepal). Along with cases related to corruption, the Special Court ought to deal with cases of special manners published in the Nepal Gazette (Aryal, 2020, 240). The Special Court Act, 2059, mandates the Special Court to expedite and accomplish decisions of the special cases in an expeditious, prompt, and effective manner. (Special Court Act, 2002)

Jurisdiction and Special Procedure:

1 Jurisdiction

Section 3 of the Special Court Act mandates it to conduct trials and decide on special types of cases published in the Nepal Gazette (Special Court Act, 2002). It falls upon the responsibility of the Nepali government to specify the territorial jurisdiction and location of the Special Court. Currently the Special Court consists of six (6) members and two (2) benches, each consisting of three (3) members (Aryal, 2020, 25). The government of Nepal, in consultation with the Judicial Council, appoints the chairperson and other members of the Special Court (Special Court Act, 2002).

2 Power

All members of the Special Court exercise their authority in a collective and uniform manner. If only a member is present on the bench, then other hearings, except for the hearing of detention (pre-trial), can take place, and if two members are attending the bench, then they can conduct a hearing concerning pre-trial detention as well as the decision of the case. (Special Court Act, 2002)

Following are the powers of the Special Court, which are prescribed by Section 7 of the Act (Special Court Act, 2002):

• Summoning people or evidence relevant to the cases apart from the witness.
• Issue warrants and record statements,
• Conducting the trial of the case by giving a party a due date,
• Demanding guarantee from the defendant, keeping in view the punishment to be inflicted on him/her if it is not appropriate to keep him/her in custody,
• Conducting a trial by putting the accused in custody.
• Accepting guarantee taken by agency for investigation in the course of investigation,
• Pass an order to hold assets and passports as per the accusation of the crime. (Special Court Act, 2002, Sec. 8)

3. Procedure

The Special Court summons a person by specifying a period of 30 days excluding travel time for a person residing out of the country and a period of 15 days excluding travel time for a person residing in the country. In case a summon is being issued for a person residing out of the country, then it shall be issued in the name of the representative or any office located within the country. In case of unavailability of such representation, then the summons has to be issued through any recordable telecommunication means or post with a registry at the main place of such a defendant. In case there is a witness, a summons shall be issued with a time period of 7 days excluding the time of journey. If the time limit of the summons has lapsed due to circumstances beyond the control of the parties, then it can be sustained for a period of 15 days at maximum, for once. (Special Court Act, 2002)

Apart from the Special Court, the special procedure can be adopted by other courts and tribunals if the related statute provisions for the adoption of special provisions (Legal Procedure In Nepal: General, Summary and Special) are met. The National Parks and Wildlife Conservation Act, 2029 (Aryal, 2020, 24) and the Narcotics Drugs (Control) Act, 2033 follow the special procedure (Legal Procedure In Nepal: General, Summary and Special).

4 Judgement of the Court

Generally, a case is decided within 6 months in the Special Court, and an appeal can be filed in the Supreme Court within 35 days of having such a decision or order. Unless the Special Court provides for a certain institution to execute the judgment, the judgment shall be executed by the concerned District Court. A judgment can be considered to be reached if there is unanimity of all three members on the bench or a majority of two members is maintained. If unanimity between two judges cannot be reached, then the opinion of the chairperson shall be adhered to if the bench consists of the chairperson; otherwise, the opinion of the senior-most member shall be adhered to if the bench is excluding the chairperson. If a verdict can still not be reached, then the opinion of the previously absent member has to be taken. In case of failing to reach a judgment upon exhausting all of these provisions, then the case has to be submitted to the Supreme Court, where the decision has to be taken by a bench of a single judge.

Analysis: A Practical Aspect

Renowned for dealing with some of the most notorious cases of Nepal, such as the ‘Wide-body’ case, the ‘Patanjali Yogeeth Land’ misappropriation case, or the ‘Lalita Niwas’ case, eyes of the people are always on the conduct of the Special Court, especially as it deals with significant cases of highly influential portfolios. However, the Special Court seems to be impressing the general population of Nepal so far that some name it as a ‘Boutique Smart Court.’ This name highlights the court’s ability to deal with cases in a modern, efficient, and technology-driven manner (Sharma, 2025). Moreover, in Nepal, where legal proceedings take years and sometimes even a decade for their conclusion, the Special Court can be staked as a pioneer to bring about an institutional transformation.

In the year 2077/78, the court was able to dispose of 15.7% of cases; 42.80% of cases were disposed of in the year 2078/79, 45.76% in the year 2079/80, 506 out of 575 cases were disposed of in the year 2080/81, and by July 1, 2082, the court had disposed of 123 out of 205 cases (Special Court Gets ISO Certificate, 2082). These astonishing statistics are a testimony that portrays the willingness and dedication of the court to establish itself as a professional, transparent, and justice-committed institution.

In recognition of its effort to bring about a change, the Special Court has been granted the International Organization of Standardization (ISO) certificate, which has duly recognized the court’s ability and highest form of judicial standards (Special Court Granted ISO Certificate, 2025). The Chairperson of the Special Court, Tek Narayan Kunwar, stated that the recognition was due to the court’s ability to maintain the highest level of integrity, accountability, and public trust in the judicial procedures. (Special Court Granted ISO Certificate, 2025)

Conclusion

Mandated with adjudicating cases of a special manner, the Special Court holds a pivotal value in the judicial realm of Nepal. Rightfully so, the special court seems to be navigating itself as well as judicial procedure down the swift and trustworthy path. With its ability to adjudicate matters in a reasonable time frame, the role of the special court can be stated as no less than a ‘brand ambassador’ of the legal arena in Nepal. Especially when views concerning the judicial realms amongst the general public can be said to be ever-fluctuating, the Special Court has established itself as a pillar of ‘consistency.’