SC to deliver verdict on CA term Sunday

KATHMANDU, Aug 26: The much-awaited verdict on Constituent Assembly (CA) term extension, which has drawn overwhelming attention both nationally and internationally, has been scheduled for Sunday.



The five member special bench led by Chief Justice Khil Raj Regmi informed on Friday that the Supreme Court (SC) will come up with its final verdict on the matter on Sunday.[break]



The week-long hearings were completed on Friday after lawyers pleading on behalf of writ petitioners claiming that the three-month extended term of the CA was unconstitutional put forth their arguments before the bench and answered queries raised by defend lawyers during the hearings.



An apex court special bench chaired by Chief Justice Regmi and incluidng seniormost Justices Top Bahadur Magar, Damodar Prasad Sharma, Ram Kumar Prasad Shah and Kalyan Shrestha, has been holding hearings on the writ petition filed at the court.



With the completion of hearings, speculation has begun on what the apex court would say regarding CA term extension. Some speculate that the apex court will not say anything about the CA´s powers to extend its term while other argues that the court is going to say something specifically about the fate of the CA.



Constitutional expert Dr Bhimarjun Acharya sees at least four possibilities regarding the scheduled SC verdict. First, according to him, given the composition of the five member bench it will not come up with a decision that contradicts the SC verdict regarding CA term extension issued on May 25, 2011.



Secondly, there is maximum possibility of a unanimous decision since the bench comprises senior justices. Third, the bench may interpret the six-month provision on CA term extension enshrined in the Interim Constitution in a more precise and elaborate manner. And fourthly, the apex court bench is also likely to say something regarding alternatives in the absence of a CA. The alternative can be fresh elections or popular mandate.



The opinion of another constitutional lawyer, Tikaram Bhattari, is not very different from Acharya´s. "In our legal system, the verdict issued by the bench in the past is binding on another bench that is similar to the past one in nature and number" Bhattarai said, adding, "In this context, the five member bench this time is not likely to come up with a different judgment from what the five member bench said on May 25, 2011."



Interestingly, the bench formed this time is almost similar to the bench constituted to take up hearings and issue the subsequent verdict on May 25. Except for Justice Tahirali Ansari, all four justices shared the bench that had said that the CA under the then circumstances could not extend its term for more than six months.



Another lawyer, Raman Kumar Shrestha, hopes the SC will not come up with a decision that adds to the problems that have already piled up. "It is my personal view that the apex court verdict should facilitate resolving problems rather than deepening the tension," he said, adding, "Indeed, an institution formed with the mandate of the people can only be dissolved by the people and not by any other agency."



"It is the need of the day to protect an institution formed with the mandate of the people," Shrestha said, adding, "The spirit of the provisions incorporated in Article 82 of the Interim Constitution is that the CA cannot be dissolved without promulgating a new constitution."

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