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SC stays BIPPA implementation

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KATHMANDU, Nov 28: The Supreme Court (SC) on Monday ruled that enforcement procedures laid down in the newly signed Nepal-India Bilateral Investment Promotion and Protection Agreement (BIPPA) do not match with the Interim Constitution and ordered the government to stay its implementation till next decision.



Article 15 of BIPPA cites that the agreement will come into effect after the two governments complete their local legal requirements and confirm the date through exchange of diplomatic notes. [break]



An interim order of the apex court´s special bench on the day asked the government not to implement the provision until it followed procedures as per the Article 156 of the Interim Constitution.



Going by the Article 156 of the Interim Constitution, the government must first get treaties or agreements on ´accession to´ or ´acceptance of´ or ´approval of´ ratified by the parliament. The SC special bench that issued the stay order comprised justices Tahir Ali Ansari, Baidya Nath Upadhaya and Bharat Bahadur Karki.



"Issuing a stay order that asks the government authority to completely halt the implementation process of entire BIPPA is inappropriate from the point of view of balance of convenience," reads the order, adding, "The bench, however, hereby orders the government not to implement the provision incorporated in Article 15 of the Agreement until it completes procedures as per the Article 156 of the Interim Constitution."



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