Supreme Court of Nepal (File photo)
KATHMANDU: Chief Justice (CJ) Cholendra Shumsher Rana today included Justice Sapana Pradhan Malla in the Supreme Court’s constitutional bench hearing the writ petitions filed against the dissolution of the House of Representatives.
Justice Malla has been included in the place of Justice Hari Krishna Karki who refused to take part in the hearing.
Justice Karki – the attorney general during KP Oli’s first tenure as the Prime Minister five years ago – expressed his disinterest in the case last Wednesday.
CJ Rana had on December 25 constituted the constitutional bench comprising himself and Bishwambhar Prasad Shrestha, Justices Hari Krishna Karki, Anil Kumar Sinha and Tej Bahadur KC.
It should be noted that Justice Malla who was elected to the first Constituent Assembly (CA) by the then CPN-UML.
The Supreme Court (SC) is hearing the writ petitions filed against the dissolution of the House of Representatives (HoR) on Wednesday.
Earlier, writ petitioners had demanded that the writs should be heard through the full constitutional bench arguing that the issues are of national concerns and Justice Hari Krishna Karki should not be involved in the constitutional bench.
In the hearing taken place on January 6, Justice Karki had said that he would not take part in the next hearing.
People in general are curious to know whether the writs will be taken to the full constitutional bench and who will be the Justices in the bench. Chief Justice Cholendra Shamsher Rana retains the right to form the bench.
The Bench will hear 13 writ petitions filed at the apex court against the HoR dissolution 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, advocates had raised questions over the formation of the Constitutional Bench arguing that the formation of the Constitutional Bench is not in line with the provision of the Constitution.
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.
It may be noted that President Bidhya Bhandari had dissolved the HoR on the recommendation of Prime Minister KP Sharma Oli.