Constitutional Bench to continue hearing writs against HoR dissolution

15 January 2021, Kathmandu

The Supreme Court (SC) has decided to continue hearing of writs filed against the dissolution of the House of Representatives (HoR) in Constitutional Bench.

Rejecting the petition seeking hearing of the case in the Extended Full Bench, the apex has ordered a continuous hearing in the Constitutional Bench from Sunday.

A constitutional bench comprising Justices Bishwombhar Prasad Shrestha, Anil Kumar Sinha, Sapana Pradhan Malla and Tej Bahadur KC headed by Chief Justice Cholendra Shumsher JBR passed the order on Friday.

It should be noted that the amicus curiae formed to suggest the apex on the case had suggested adding Justices to the Constitutional Bench to move the hearing forward.

Amicus curiae’s opinion was sought during the debate on whether to hear the case against the parliament dissolution in Constitutional Bench of Extended Full Bench.

The advocates taking part in the hearing on behalf of the writ petitioners had demanded that the decision on the case should be taken by the extended full bench, according to the SC sources.

On behalf of the petitioners, former attorney general and advocates Raman Shrestha, Shambhu Thapa, Harihar Dahal, Dinesh Tripathi and Chandra Kanta Gyawali had sought that the case should be decided by the extended full bench arguing that it does not fall under the jurisdiction of the constitutional bench.

On the contrary, Attorney General Agni Kharel and advocate Sushil Kumar Pant had reiterated that the issue need not be taken to other benches and has to be settled by the constitutional bench.

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