Advocate Om Prakash Aryal filed the application a day after the SC administration refused to register his writ petition stating he failed to fulfill the required procedure for registering public interest litigation (PIL) as per the SC order regarding such matters. [break]
Aryal has urged SC to annul the apex court administration´s earlier order arguing that the move has infringed people right to justice. He has maintained that the order of SC administration is also against Articles 32 and 107 (2) of the Interim Constitution.
According to Aryal, the apex court is scheduled to conduct hearing on the application on Wednesday.
SC Registrar Lohit Chandra Shah on Monday had ordered the SC administration to return the writ petition, stating that the apex court will take a decision regarding the issue only after necessary procedures were fulfilled.
A special bench of Justices Kalyan Shrestha, Girish Chandra Lal and Sushila Karki on December 20, 2012 had ordered that a PIL petitioner should first appeal to the authority or institution concerned to address the issue. If the issue is not addressed, the petitioner should inform the authority in question about his intention to file a writ petition. Only then can the petitioner move the court with evidence that the issue was not addressed.
Meanwhile, a group of lawyers on Tuesday drew the attention of Officiating Chief Justice Damodar Prasad Sharma regarding the SC administration´s move.
Advocate Govinda Bandi, who was also present in the meeting with Sharma, stated that SC move has tarnished the image of independent judiciary.
“The move is biased as SC had scrapped an interim order against Karki´s proposed appointment stating that the issue was premature. But when the issue matured, the SC administration refused to file the writ petition,” Bandi told Sharma.
In response, Sharma said he was not aware of the issue and assured the lawyers that the application would be given top priority.
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