Supreme Court reschedules final hearing on CJ-led govt News Home / News / Supreme Court reschedules final hearing on CJ-led govt
02
Dec
2015 02:44
KATHMANDU: The Supreme Court today rescheduled the final hearing on the constitutionality of the Chief Justice Khil Raj Regmi-led government for August 1.

The 10-member bench, comprising Acting Chief Justice Damodar Prasad Sharma, Justices Ram Kumar Prasad Shah, Kalyan Shrestha, Girish Chandra Lal, Shushila Karki, Prakash Osti, Baidhyanath Upadhayay, Tarka Raj Bhatta, Gyanendra Bahadur Kaki and Bharat Bahadur Karki, will conduct the hearing.

Today the bench sought lawyers’ advice on whether to conduct a hearing on all 24 cases that have raised various constitutional issues pertaining to the formation of the Regmi-led government.

After consultations with senior lawyers, the apex court decided to settle seven cases directly related to the presidential order, which had removed the constitutional hurdle and paved the way for Chief Justice Regmi’s appointment as chief executive.

According to the apex court, it has sorted out seven of the 24 cases produced in the bench. The court will hear seven cases — Chandra Kanta Gyawali v GoN, Kanchankrishna Neupane v GoN, Gopal Siwakoti Chintan v GoN, Subash Acharya v GoN, Kishori Mahato v GoN, Amar KC v GoN and Bharat Jangum v GoN — at once.

Responding to the court’s call for suggestions, some lawyers suggested to the bench to continue the final hearing with the entire 10 judges in the apex court, while others advised not to involve those judges, who benefited from the presidential order, in the hearing.

“We have no problem with the bench as we have faith in the panel of judges, who took the oath of the constitution,”senior advocate Shambhu Thapa said. He suggested to the bench to continue hearing on the basis of international precedents, including the cases related to the emergency rule of then Indian prime minister Indira Gandhi.

A former Attorney-General, arguing on behalf of the government, asked the bench not to involve judges, who benefited from the presidential order.

Meanwhile, Acting Chief Justice Sharma and Justice Shah objected to the term ‘beneficiary judges’, saying judges are judges. Advocate Ram Narayan Bidari also suggested not to involve ad hoc judges in the case hearing. Senior advocates Subas Chandra Nembang, Bishwo Kanta Mainali and Hari Krishna Karki advised the bench to settle all cases related to the presidential order to remove difficulties.
 
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