Thursday, 25 February, 2021

   Hearing on House dissolution   


Pleading concludes, verdict process to begin from Tuesday


By Ranju Kafle
Kathmandu, Feb.20:Pleadings from the petitioners, defendants and Amicus Curiae on the House dissolution concluded on Friday at the Constitutional Bench of the Supreme Court. About 150 advocates pleaded for and against the dissolution for about a month.
More than 100 lawyers who pleaded on behalf of the petitioners claimed that the move of the Prime Minister to dissolve the House of Representatives was against his jurisdiction. They said the Constitution has not given rights to the Prime Minister to dissolve the House, and the court should correct this.
However, 30 lawyers, including Attorney General Agni Prasad Kharel had claimed that the step of the Prime Minister was in accordance with the Constitution.
They said that the executive in a parliamentary democracy has right to choose to resign from the post when uneasiness arises or dissolve the House to seek a fresh mandate through an election.
Final pleadings concluded after senior advocate Geeta Pathak Sangraula put forth her views on behalf of the Amicus Curie today. She advised the court to establish the rule of law. “Cure it gently, if it is ill,” she said.
According to her, obeying the Constitution is the duty of all citizens in the country. Pathak also said that the word dissolution was wrong in itself. She, however, neither termed the House dissolution wrong nor correct.
Advocates Badri Bahadur Karki, Satish Krishna Kharel, Bijayakanta Mainali, Purnaman Shakya and Pathak were nominated in the Amicus Curiae. They provided mixed opinions to the court on the matter.
Meanwhile, the bench asked the advocates to submit their written pleading notes to the court by coming Monday. “Submit the notes by Monday, we will start verdict process from Tuesday,” Chief Justice Cholendra SJB Rana said before the conclusion of the pleading session today.
Thirteen writ petitions were filed against the Prime Minister, President and the Speaker of the House of Representatives against the dissolution of the people-elected body. Prime
Minister KP Sharma Oli had dissolved the House on December 20 last year.
The Constitutional Bench of Chief Justice Cholendra SJB Rana and four other Justices, Sapana Malla Pradhan, Anil Sinha, Bishowmbhar Shrestha and Tej Bahadur KC heard the case continuously for 28 working days. The hearing had begun on January 17.
The Supreme Court said it would make its final verdict on the dissolution public soon. 

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