Friday, 17 January, 2025
logo
MAIN NEWS

PM, ex-Chief Justices called on contempt of court case



pm-ex-chief-justices-called-on-contempt-of-court-case

By Ranju Kafle

Kathmandu, Jan. 29: Hearing on the writ petitions filed against the dissolution of the House of Representatives (HoR) continued in the Supreme Court on Thursday.
Seven advocates, including Chandeswore Shrestha, Tulasi Bhattrai, Hari Upreti, Govinda Bandi, Krishna Bhakta Pokharel and others, pleaded on behalf of the petitioners today. They claimed that the Prime Minister crossed the line of executive jurisprudence to dissolve the House. “Court needs to correct the step,” they said.
All of them were pleading on the seventh writ petition filed by Dev Gurung, Ram Kumari Jhakri, Krishna Bhakta Pokheral and Sashi Shrestha.
Advocate Chandeswore Shrestha began the pleading and blamed the Prime Minister for the move. “He killed the parliament,” he said.
Bandi, Bhattrai, Upreti also expressed their concerns about the House dissolution. They said that individuals were free to work in whatever way they liked but not the legal personalities. “The Prime Minister is a legal person, so he cannot work staying above the constitution,” they said.
Justice Anil Sinha asked who -- the House, Court or the people in the street -- should decide on ruling party dispute?
Pokheral replied that it is House and the parliamentary party but not the Prime Minister himself. “As an individual, the Prime Minister can do whatever he likes but the Prime Minister of the country cannot overreach in a parliamentary system,” he added. According to him, the Prime Minister always had to gain or acquirevote of confidence in
the House. “A Prime Minister appointed under article 76(I) or 76(5) has no options to dissolve the House.”
The Supreme Court on Thursday asked four former Chief Justices, including Meen Bahadur Rayamajhi, Anup Raj Sharma, Kalyan Shrestha and Shushila Karki, Prime Minister KP Sharma Oli and former speaker Damannath Dhungana to appear in the court. Single bench of Justice Manoj Kumar Sharma had ordered for their presence.
“Appear in the court with written note clarifying how the statements do not show contempt the court within a week,” the Court said. The Court has refused to hear their pleading on the matter.
All of them were accused of damaging the dignity of lawyers and defaming the court through their statements.
Advocate Kanchan Krishna Neupane, Lochan Bhattrai, Rajaram Ghimire and Dr. Kumar Sharma Acharya had filed writs against former justices, Prime Minister and the former Speaker.