One of the petitioners, Speaker Subas Nembang, said he was taken aback upon learning about the apex court´s decision.[break]
"I heard that the petitions have been rejected. It would be wise to answer the issues that have arisen with the apex court´s latest verdict from the court itself but the news really took me aback," said Nembang. He said that the parliament chose to seek review of the verdict with a view to avoid any situation of trading charges between state organs.
Minister for Law and Justice Brijesh Kumar Gupta described the decision as the court´s infringement upon the legislature´s jurisdiction. "We can take it as contempt of the parliament as well because it is parliament´s prerogative to decide whether or not to extend the CA´s term," Gupta said.
He is optimistic that the bench, which will be entrusted with the responsibility of looking into the matter, will gauge the sensitive issue appropriately and decide to allow a review.
Also, Attorney General Mukti Pradhan termed the SC decision as erroneous. "The government and the parliament will seek further legal remedies after holding consultations," Pradhan told Republica.
Chief Whip of the ruling UCPN (Maoist) Dev Gurung said it is not appropriate to reject the review petitions. Saying that the right to seek a review in the apex court´s verdict is guaranteed by the constitution, he said the court would be free to decide whether or not to uphold its previous decision during the review.
Lawyer-turned lawmaker Agni Kharel of CPN-UML described the SC´s move as unfortunate. "The heads of the executive and legislative sought review of the verdict categorically saying that the order was subject to review and they elucidated on what grounds they sought a review," Kharel told Republica. "But it is unfortunate that the court refused to even register the petitions."
He fears such a situation may invite conflict between state organs and that would be very unfortunate mainly given the transitional stage of the country.
Ramesh Lekhak of Nepali Congress too is hopeful that the SC will still allow the petitions for review. "This is an issue related to the matter that will have long-term implications and directly related to the people-elected body. Therefore, it needs to be allowed for a review," said Lekhak.
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