SC seeks clarification over proposal of CJ-led govt
Forwards case to special bench for final verdict
KATHMANDU, Feb 24: Eight days after the major political parties agreed to form an election government led by the sitting chief justice, the Supreme Court (SC) has sought written clarification from the president´s office, Prime Minister Baburam Bhattarai and his office and UCPN (Maoist) Chairman Pushpa Kamal Dahal by March 5 regarding the issue.
After the hearing on a writ petition filed by Advocate Bharat Mani Jangam at the apex court, a single bench of Justice Sushila Karki on Sunday also decided to forward the case to a special bench stating that it is necessary to interpret several laws before issuing the final verdict. The next hearing on the petition would be held on March 7.
Earlier, Advocates Kumar Regmi, Chandrakant Gyawali, Laxmi Bahadur Nirala and Vice-president of Nepal Bar Association (NBA) Tika Ram Bhattarai, among others, had pleaded before the bench on behalf of the petitioner.
Regmi stated that the decision of the political parties to form a government-led by the sitting chief justice is intended to tarnish the image of judiciary. “We are concerned about an institution not about the person who is going to be the prime minister,” he argued.
NBA Vice-president Bhattarai maintained that the decision is against the multi-party system and the principle of separation of powers. The SC should stay the decision of the political parties,” he said.
Gyawali termed the proposal of forming a CJ-led government “a violation of the interim constitution”. “There will be autocracy if a single person will head the executive and the judiciary,” Gyawali added.
Nirala argued that the government can depute SC justices only to conduct a legal or judicial enquiry as per the interim constitution.
Advocate Jangam on last Sunday had filed the writ petition arguing that a government-led by the sitting chief justice would encroach on the independence of judiciary.
The petitioner has accused the prime minister and the Maoist chairman of hatching a political conspiracy against the judiciary and that other parties and the president have fallen into that trap.
The president´s office, the prime minister and his office and UCPN (Maoist) Chairman Dahal have been made defendants in the petition.