Nearly half a dozen lawyers insisted with Justice Bam that there should have been an interim order against the CC´s decision to recommend the chiefs and members for four statutory bodies.[break]
The CC had recommended the chiefs and members of the constitutional bodies last Friday.
The lawyers started protesting at Justice Bam´s bench after the bench issued the show cause notice in response to a writ filed by Maoist Chairman Pushpa Kamal Dahal on Sunday.
The bench had also issued a summons to both the government and the petitioners to be present in court on April 29 to further discuss whether to issue an interim order on the writ.
Following the lawyers´ adamant demand and rude behavior, Justice Bam objected seriously and requested them not to pressure him.
"How can we work under pressure?" Justice Bam questioned the lawyers, adding, "It will be very difficult to work under such pressure."
Lawyers Raman Shrestha, Tulsi Bhatta and others argued that the SC many not hold the hearings at all after three days as there are several such instances in the past.
"The SC may not hold further hearings and the government may appoint the chiefs and members before the next hearing," Shrestha said while pressuring the Justice, adding, "The writ filed by Dahal would be meaningless if the government appoints the chiefs and members as per the CC recommendations. So the SC must issue a stay order today [Monday]."
Lawyer Tulsi Bhatta challenged the court to quash the writ rather than issue a show cause notice. "Quash the writ rather than issue show cause notice. Or else you must issue an interim order against the CC decision," he warned Justice Bam at the bench following his decision.
In response, Justice Bam said that he cannot change his decision.
The lawyers also warned Justice Bam saying that they would not leave the bench unless an interim order is issued as per their wish.
"You have to issue interim order for at least three days," said lawyer Shrestha, adding, "The SC must handle this writ very seriously as Maoist Chairman and CC member Dahal himself has come to knock the court´s door against the government´s unconstitutional decision."
Shrestha also urged Justice Bam to be more serious as the issue is somehow linked with the ongoing peace process.
"It may obstruct the peace process, which CC member Dahal has mentioned in his writ," Shrestha said, adding, "Therefore, you must issue an interim order."
Justice Bam, however, tried his best to persuade them that the SC would hold further discussions on the scheduled date. "Don´t imagine that the SC wouldn´t hold discussions on time," Justice Bam said, adding, "I will ask the SC Registrar to expedite the hearings process and everything will take place on time."
The lawyers, however, were not convinced by what Justice Bam said. "We don´t believe you. There are a number of instances when the court failed to hold discussions on time," said Shrestha, "There is no option but to issue an interim order.
After the lawyers´ adamant demand that continued for about 12 minutes, Justice Bam changed his decision slightly and ordered the government to furnish written clarifications regarding the nine people recommended for various posts and be present in court after three days for further hearings.
Noted lawyer Sushil Panta had also questioned whether the SC bench hearing would take place on time. "I have been practicing law at the SC for the last three decades. I don´t know how long have you been working as a SC justice," he said, adding, "In my long experience, the SC doesn´t hold hearings on time and the same problem can be repeated over this writ too."
Another lawyer, Kumar Regmee, who was presented at the bench to hear the SC decision on the writ, objected seriously to the lawyers who put pressure on the justice. "This is naked interference in the independence of the judiciary," he said.
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