KATHMANDU: Advocates have raised questions over the formation of the Constitutional Bench constituted by the Supreme Court to hear the writs filed against the House of Representativs (HoR) dissolution.
Speaking at the apex court, senior Advocate Dinesh Tripathi argued that the formation of the Constitutional Bench is not in line with the provision of the Constitution.
Responding to the commenting made by Tripathi, Chief Justice Cholendra Shamsher Rana said no questions can be raised on the Constitutional Bench.
“As a senior advocate you cannot question over the formation of the Constitutional Bench,” CJ Rana told Tripathi, adding, “If you keep asking questions this way, we will stop hearing the cases.”
The Constitutional Bench of the Supreme Court (SC) has started hearing the writ petitions filed against the government’s move to dissolve the HoR.
The SC has formed a five-member Constitutional Bench led by Chief Justice (CJ) Cholendra Shamsher Rana for hearing the writs.
The Constitutional Bench has Justices Bishwombhar Prasad Shrestha, Hari Krishna Karki, Anil Kumar Sinha and Tej Bahadur KC as members.
The Bench will hear 13 writ petitions filed at the apex court against the HoR dissolution from today.
It will give a final verdict on the issue whether the HoR dissolution was in line with the constitution or not.
CJ Rana has picked Justices for the Constitutional Bench in random, not based on seniority.
Earlier on Wednesday, hearing the 12 writ petitions filed against the dissolution of the HoR, a single bench of Chief Justice Cholendra Shamsher Rana referred all cases to the Constitutional Bench without issuing a stay order on the government’s decision on HoR dissolution.
The writs were registered at the Supreme Court against the decision naming the Office of the President, Office of the Prime Minster and the Council of Ministers and House Speaker as defendants.
The writs registered so far to this effect have demanded revoking all the decisions and actions carried out in regard to the dissolution of the HoR as per the Article 133 (2 and 3) of the Nepal Constitution. There are a total of 13 writ petitions registered on the Constitutional Bench.
It may be noted that President Bidya Bhandari had dissolved the HoR on the recommendation of Prime Minister KP Sharma Oli.
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