A division bench of Chief Justice Kalyan Shrestha and Justice Om Prakash Mishra asked the government and the Constituent Assembly to furnish the minute of the meeting.Although the defendants in their written clarification to a writ petition filed by Bijay Kanta Karna had said that the deal was a political agreement and not a constitutional issue, the petitioner's lawyers had claimed that the deal became a constitutional issue after it was endorsed by a CA committee.
After hearing the arguments from both sides, the court sought the minute of the meeting.
On June 20, the court had ordered the government, the Constituent Assembly (CA) and concerned political parties not to implement the 16-point political deal stating that the issues like delineation and nomenclature of provinces should be settled before the dissolution of CA.
A single bench of Justice Girish Chandra Lal had stated at the time that the points in the deal on formation of eight provinces, letting provincial assemblies to decide the name of the provinces, and setting up of a Federal Commission to finalize the delineation did not dovetail with Articles 138 and 82 of the Interim Constitution.
Following the order, the political parties were compelled to come up with a draft constitution only after delineating the provinces.
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