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SC declines to issue certiorari on border, intl’ flight closure



KATHMANDU: The Supreme Court has declined to issue certiorari suspending the government  decision on related enforcing the border and international flight closure effective from Monday.

Advocate duo Madhav Basnet and Mira Khadka Basnet had filed a writ at Supreme Court (SC) demanding permission to let the stranded Nepalis enter their home country.

Carrying out the preliminary hearing on the writ, a single bench consisting Justice Dambar Bahadur Shahi has called both parties to the court for interim discussion on Apr. 6.

Shahi’s single bench has asked the opponent to produce the cause of restricting the movement in border and  give substantive rationale behind the closure of intl flights.

The writ filed against eight government agencies and committees including the Council of Ministers had drawn the attention of the government towards its duties to its citizens.

“Instead of ensuring the safe return and good health care of the stranded nationals,” said the writ filed by the advocate couple, “The government has presented itself as the most irresponsible and inhuman authority.”

The advocates had claimed that the lack of government initiations to rescue and bring the stranded nationals back home was the utmost violation of fundamental right to life and right to health to mention few.

The petitioners cited that government decree of banning the home-heading stranded nationals is against the preamble, Article 16(1), 17(1), 17(2 e.) 18, 35, 37(2), 45, 51(b), Infectious Disease Act 2020, International covenant relating Civil and Economic rights of the citizens and many other national and international provisions.

Publish Date : 25 March 2020 22:36 PM

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