KATHMANDU: A writ petition has been filed at Supreme Court (SC) on Monday demanding a mandamus order to stop the implementation of a treaty signed with China.
Advocate Hari Chandra Timalsena moved the apex court demanding to halt the implementation of the Treaty between Nepal and China on Mutual Legal Assistance in Criminal Matters’ from the date of signing.
The treaty was signed during a visit by Chinese President Xi Jinping to Nepal in October.
Timalsena in the writ has argued that the treaty is against the Constitution and demanded an order to halt its implementation until it is ratified by a two-thirds majority of Parliament as per the Constitutional provision.
Referring to media reports, he argued that 122 Chinese nationals who had arrived in Nepal on tourist visas and had involved in illegal activities in Nepal were deported to be based on the treaty.
Timalsena stated that Clause 4 of the Nepal Treaty Act, 2047 has provisioned that such treaties should be tabled and ratified through Parliament.
Ministry of Home Affairs, Ministry of Foreign Affairs, Ministry of Law, Justice and Parliamentary Affairs, Office of Prime Minister and Council of Minister, House of Representatives and National Assembly have been named defendants in the writ.
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