Hearing on 13 writ petitions filed against the dissolution of parliament begins today

Published On: January 6, 2021 11:34 AM NPT By: Republica  | @RepublicaNepal

KATHMANDU, Jan 6: The Supreme Court (SC) will begin hearing of 13 writ petitions filed against Prime Minister KP Sharma Oli’s decision to dissolve the parliament starting today.

President Bidya Devi Bhandari had dissolved the parliament at the recommendation of Prime Minister Oli on December 20. The apex court had earlier ordered a continuous hearing starting January 6.

A total of 13 writ petitions have been filed against the Office of the President and Office of Prime Minister and Council of Ministers.  

On December 25, the SC ordered the government to ask for five amicus curiae, the original recommendation sent to the president, the decision, and the original file of the no-confidence motion registered in the parliament. 

The Office of the President of Nepal, Prime Minister KP Sharma Oli, Office of the Prime Minister and Council of Ministers and Speaker Agni Prasad Sapkota have submitted written replies to the Supreme Court on Sunday.

In a written reply, Prime Minister Oli said that the dissolution of the parliament was a political compulsion and could not be the subject of judicial review. Speaker Sapkota in his written reply, however, has maintained that the parliament cannot be dissolved despite having an alternative in the constitution and has asked to reinstate the parliament.

A constitutional bench is hearing the writ petitions today. The five-member bench is chaired by Chief Justice Cholendra Shumsher JB Rana. Many have viewed the matter with interest as this will determine future political courses in the country.

As the issue of re-establishing the parliament or giving legitimacy to its dissolution is at the top of the list, the formation of the bench is viewed with political interest. 

Similarly, the Supreme Court Bar Association has decided to send senior advocates Purnaman Shakya and Geeta Pathak to the Amicus Curiae as requested by the Supreme Court. The court had sought the help to facilitate the decision in the case against the dissolution of the parliament. Earlier, it had decided to send senior advocate Khagendra Adhikari but later Pathak was sent.

The Nepal Bar Association and the Supreme Court Bar have already decided to send five senior lawyers. Raju Khadka, vice-chairman of the Supreme Court Bar, said the meeting of the Supreme Bar decided to send Pathak keeping in mind the representation of women.

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