KATHMANDU, Feb 26: A day after the Supreme Court (SC) said the chief justice (CJ) is positive over the request by major political parties to head a new government for ending the political and constitutional crises, another writ petition was filed at the apex court challenging his move.
Secretary of Constitutional Lawyers´ Forum (CLAF) Om Prakash Aryal on Tuesday filed the writ petition seeking the apex court´s intervention against the formation of a CJ-led government.
“The formation of a chief justice-led government will undermine the independent judiciary and the basic right to get free, competent and unbiased legal and constitutional remedy as stated in Article 32 of the Interim Constitution,” Aryal said in his petition.
Besides Article 32, the petitioner argued that, the move will also undermine Articles 100 (2), 107 (1) and 107 (2) of the Interim Constitution.
The apex court on Sunday had sought written clarifications regarding the issue from the president´s office, Prime Minister Baburam Bhattarai and his office and UCPN (Maoist) Chairman Pushpa Kamal Dahal by March 5.
Following hearings on a writ petition filed by advocate Bharat Mani Jangam, a single bench of justice Sushila Karki had decided to forward the case to a special bench, stating that it was necessary to interpret several laws before issuing a final verdict. The next hearing on the petition is scheduled for March 7.