7th April 2025, Kathmandu
In a notable legal development, the Patan High Court has demanded an explanation from Registrar Shreelal Paudel regarding the rejection of a writ petition challenging the use of wheel locks by traffic and municipal police.
Patan High Court Clarifications
The court has ordered Paudel to clarify the legal grounds for refusing to register the petition, raising questions about administrative transparency and constitutional rights.
Background of the Case
A petitioner had filed a writ at the Patan High Court, arguing that the practice of clamping wheel locks on vehicles by authorities is unconstitutional and unlawful. However, the petition was not registered, prompting the petitioner to appeal the decision.
Registrar’s Initial Rejection Order (2081/12/15 BS)
Registrar Shreelal Paudel had dismissed the petition, citing:
Section 164 of the Motor Vehicles and Transport Management Act, 2049, allows authorities to impose fines for illegal parking.
The claim that the petitioner’s fundamental rights were not violated since the law permits such enforcement.
Rule 25(3) of the High Court Regulation, 2073, allows dismissal if no legal rights are infringed.
High Court’s Intervention
Following the appeal, Honorable Judge Kailash Prasad Subedi issued an order demanding:
“A concise clarification report from the Registrar explaining the legal basis for the dismissal order dated 2081/12/15.”
Next Steps in the Case
The Registrar must submit a written justification for rejecting the writ petition.
The court will then decide whether the petition should be registered or if the dismissal stands.
A ruling will also determine if the Registrar’s initial order was legally valid.
Why This Case Matters
Constitutional Rights: The case questions whether wheel locks infringe on citizens’ rights.
Administrative Accountability: The court’s intervention highlights scrutiny over judicial transparency.
Legal Precedent: The decision could impact future traffic enforcement methods in Nepal.
Conclusion
The Patan High Court’s demand for clarification from Registrar Shreelal Paudel marks a crucial step in ensuring judicial accountability. The outcome could set a precedent on whether wheel locks are a lawful enforcement tool or an overreach of authority.
For more: Patan High Court Clarification