KATHMANDU, May 5: Following the Supreme Court stay order  reinstating Chief Justice Sushila Karki  and putting the impeachment motion against her on hold, the ruling Nepali Congress and CPN (Maoist Center) have discussed whether or not to move the apex court for a revision of the order.

A meeting of top leaders of the two parties including Prime Minister Pushpa Kamal Dahal of CPN (Maoist Center) and NC President Sher Bahadur Deuba as well as legal experts from the same parties held a meeting at the prime minister’s office  Friday to discuss the option.

Some of the party leaders said that the government can demand a revision of the order, arguing that the judiciary had infringed the prerogative parliament.

“The order is against the constitution and it has infringed parliament’s prerogative. So the government can seek  a review. We are discussing  that option,” Maoist lawmaker Ram Narayan Bidari told Republica. 

The meeting of the two ruling parties came after the apex court issued an order to reinstate CJ Karki, who was suspended on Sunday after 249 lawmakers from the two  parties registered the impeachment motion at the parliament secretariat.

“The court order to halt the parliamentary process is an interference in the prerogatives of  parliament. It is also against the principal of separation of powers between the legislative, judiciary and executive branches,” said Maoist Center Spokesperson Pampha Bhusal.

Stating that Article 103 (2) of the constitution bars the court from questioning any issue which is under discussion in the House, top leaders from the two ruling parties reached the conclusion that the court was exceeding its jurisdiction, said a participant in the meeting. 

The impeachment motion registered  on Sunday  couldn’t be tabled in the House on Friday as various opposition parties resorted to obstructions.

Though Speaker Onsari Gharti fixed  1 pm on Friday for tabling the impeachment motion for discussion in the House, she had to defer the meeting for Sunday following picketing in the well by CPN-UML lawmakers. Lawmakers from eight opposition parties including UML demanded the withdrawal of the impeachment motion,  terming it a misuse of constitutional provisions. 

Opposition lawmakers  picketed the well and obstructed Min Bahadur Biswakarma, the  proposer of the impeachment motion, from going to the rostrum to table the motion for discussion. Later, the Supreme Court issued its stay order to parliament not to forward the impeachment motion. 

Meanwhile, main opposition party UML Chairman KP Sharma Oli said that the stay order from the Supreme Court over the impeachment motion against Chief Justice Karki has put a break on an attempt to  end the independence of the judiciary.

Speaking at a function organized to introduce party candidates for the upcoming local elections, Oli criticized the NC and Maoist for taking the ‘illegal’ and ‘unprecedented’ move of registering an impeachment motion against  the chief justice for not handing down a verdict in their favor.

 
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• option of review petition