KATHMANDU, Sept 2: The Supreme Court has issued an interim order to halt hearings by the constitutional bench without the presence of Chief Justice.
A single bench of Justice Hari Phuyal issued the interim order after conducting a preliminary hearing on a writ petition that demanded not to conduct a hearing of the constitutional bench without the presence of the Chief Justice.
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A writ petition was filed earlier against the constitutional council ordinance and the appointments made in various constitutional bodies on the basis of the controversial ordinance. But as Chief Justice Cholendra SJB Rana himself was present in the CC meeting held on the basis of the ordinance, petitioners, who filed writ against the constitutional appointments made by the erstwhile K P Oli-led government, had demanded that Chief Justice Rana abstain from the hearing.
Accordingly, Chief Justice Rana had decided not to be part of the Constitutional Bench that conducts hearings on the writ petitions filed against the constitutional appointments made on the basis of the controversial ordinance. A single bench of Justice Phuyal on Thursday, however, issued the interim order not to conduct further hearing on the writ petitions filed against the constitutional appointments until the issue whether the constitutional bench can hear cases without the presence of the Chief Justice is settled.
With this, a hearing by Constitutional Bench scheduled for Friday on the writ petition filed against appointments made in various constitutional bodies through the controversial ordinance has been cancelled.
