A knowledgeable source at the Supreme Court (CA) informed Republica that there is a 50-50 chance of registration for the review petitions. The source cited two major precedents concerning review petitions. [break]
According to the source, the SC will not register the review petitions filed by the government and the CA if the decision of the bench of SC Justice Tarka Raj Bhatta is taken into account.
Expressing dissatisfaction over the verdict on CA term extension issued by a SC special bench comprising Justices Bal Ram KC, Grishchandara Lal and Prakash Wasti, writ petitioner and lawyer Bijaya Raj Shakya had filed a review petition at the SC against the verdict.
When the SC administration refused to register Shakya´s review petition, he expressed dissatisfaction over the refusal and filed an application at the SC.
His application was then taken to the bench of SC Justice Tarka Raj Bhatta. "Justice Bhatta, however, upheld the SC administration´s decision not to register my review petition," Shakya recalled. "If you look at this precedent, the review petitions will not be registered," said the source.
There is, however, another precedent that might allow the SC to register the review petitions filed by the government and the CA on Monday, according to the source.
In 2002, a writ petition was filed at the SC against the then Sher Bahadur Deuba-led government´s decision to dissolve parliament.
The SC had issued an order saying the Deuba government´s decision to dissolve parliament was appropriate.
After that, the writ petitioner had filed a review petition at the SC against its decision to uphold the Deuba government´s dissolution of the house.
The SC administration had registered the review petition. "If this precedent is taken into account, the review petitions filed on Monday can be registered," the source pointed out.
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