After a hearing on the writ petition filed by Om Prakash Aryal secretary of Constitutional Lawyers´ Forum (CLAF), a single bench of Justice Girish Chandra Lal on Tuesday forwarded the case to a special bench stating that the writ petition has raised a complex constitutional question. The next hearing on the petition would be held on March 14.[break]
Earlier, advocate Subas Nembang had pleaded before the bench on behalf of the petitioner. He urged SC to issue an interim order against the process to form the CJ-led government as the issue is sub-judice at the court.
Justice Lal, during the hearing, had asked the petitioner to seek something else instead of an interim order. Aryal on February 26 had filed the writ petition seeking the apex court intervention against the formation of a CJ-led government.
The petitioner has argued that formation of a chief justice-led government will undermine independence of the judiciary and rights to legal and constitutional remedy as stated in Article 32 of the interim constitution.
The president´s office, Prime Minister and his office, the office of UCPN (Maoist) and assistant spokesperson of the apex court Hemant Rawal, ministry of law and justice and the Judicial Council have been made defendants in the petition.
The apex court on last Sunday had sought written clarifications regarding the same issue from the president´s office, Prime Minister Baburam Bhattarai and his office and UCPN (Maoist) Chairman Pushpa Kamal Dahal by March 5.
Following hearings on a writ petition filed by advocate Bharat Mani Jangam at SC, a single bench of Justice Sushila Karki had decided to forward the case to a special bench, stating that it was necessary to interpret several laws before issuing a final verdict. The next hearing on the petition will be held on March 7.
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