The Supreme Court has directed the government to commence the selection of office bearers in the two transitional justice commissions that have been defunct for around two years.

Issuing the full text of the January 29 verdict on Tuesday, the top court has given a month for the government to start the selection process. Responding to a writ petition by a group of victims including Gyanendra Raj Aran, a division of Justices Mahesh Kumar Sharma and Kumar Regmi said there is no alternative to prompt appointments.

A five-member selection team led by retired justice needs to be constituted to select the chairpersons and members in the two transitional justice bodies.

“While the selection process continues, the Prime Minister's Office is directed to make an arrangement to constitute the task forces in the transitional justice commissions, in coordination with their secretaries, to continue the investigation process," reads one of the points in the ruling.

The Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons have been defunct since July 2022 after the government decided to extend the terms of the commissions without retaining their chairmen and members. Against the government’s claim that the bill to amend the existing transitional justice law would be endorsed by October 2022, which will also open the door for recruiting new office bearers, there has been no progress.

The amendment bill to the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act is under consideration in the Law, Justice and Human Rights Committee of the House of Representatives.

With no progress in the appointment of the office bearers, the victims led by Aran, who also is an advocate, moved the Supreme Court demanding an order to allow the officials to carry out the preliminary investigation until the commissions get their chairpersons and members.

The court's order comes when the ruling parties have said concluding the transitional justice process by amending the Act is their top priority.

Through the order, the court has also reminded the government to immediately amend the law as per its earlier verdict. On February 26, 2015, the Supreme Court had directed the government to amend the Act’s around half a dozen provisions that allowed amnesty even in cases of serious human rights violations.

The two transitional justice bodies were formed in 2015 with a mandate to investigate and prosecute conflict-era crimes within two years. Over the years, they have undergone several term extensions, but accomplished very little of their mandate.

While the truth commission has registered 63,718 complaints, there are around 2,400 cases registered with the disappearances commission.