Kathmandu: The Special Court in Nepal has made history by conducting its first virtual hearing, allowing a lawyer representing defendants in a corruption case to present arguments remotely from the United States.

Advocate Apurba Khatiwada, located in Kansas, defended his clients, Safal Shrestha and Bishnu Prasad Gautam, in a case involving alleged misappropriation of public property. This groundbreaking session marks a significant shift in Nepal’s judicial proceedings, embracing digital means to facilitate remote legal participation.

The case also implicates former chief secretary Dr. Baikuntha Aryal among the accused, highlighting its high-profile nature. The court session was presided over by Chair Teknarayan Kunwal and members Dr. Khusi Prasad Tharu and Ritendra Thapa, who permitted Khatiwada to represent his clients via video conference. This arrangement underlines the court’s adaptability to modern technology, which has proven essential for expediting cases with international dimensions or logistical constraints.

This virtual hearing follows the initiation of digital proceedings introduced by Former Chief Justice of the Supreme Court, Bishwambhar Prasad Shrestha, who began promoting virtual hearings in March. The change is part of broader efforts to enhance efficiency within the judicial system, especially for cases involving defendants or attorneys unable to appear in person due to location or other restrictions.

The court's authority to conduct virtual hearings is derived from section 122 (5) of Nepal's National Criminal Procedures (Code) Act 2074, which explicitly allows depositions to be recorded via video conference. This provision ensures that cases requiring immediate attention, or those with overseas participants, can proceed without unnecessary delays while upholding defendants' rights to representation.

As Nepal's judiciary experiments with digital proceedings, the recent hearing sets a precedent for future cases involving remote participants. Legal experts in Nepal have praised the move, viewing it as a step towards integrating global legal practices and ensuring justice can be efficiently served, even across borders.