Nepal

Pro Public v. Godavari Marble Industries, 068–WO–0082 (April 15, 2016)
Supreme Court of Nepal

Over a 20 year period, advocate Prakash Mani Sharma and the NGO Pro Public pursued public interest litigation to close a marble mine in the Godavari hills outside Kathmandu, Nepal.  The Godavari area is described as a “living museum” of cultural and biological significance and has been negatively impacted by the mining operations.

PART III – FUNDAMENTAL RIGHTS

Article 12. Right to Freedom:

(1) No person shall be deprived of his personal liberty save in accordance with law, and no law shall be made which provides for capital punishment.

Article 23. Right to Constitutional Remedy:

The right to proceed in the manner set forth in Article 88 for the enforcement of the rights conferred by this Part is guaranteed.

PART XI – THE JUDICIARY

Article 88. Jurisdiction of the Supreme Court: