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SC verdict on CA term: NC may stand for 6-month extension

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KATHMANDU, NOV 28 -

With the Supreme Court (SC) putting a cap on the term of the Constituent Assembly (CA), the Nepali Congress (NC), which had been mulling a three-month extension, is likely to support the government’s proposal to extend the Assembly by six months. The party’s legal advisors also argue that the court order, albeit very bold, does not go against the principle of separation of power among judiciary, executive and legislature.

They have said that given the changed scenario there is no better alternative to extending the CA by six more months. NC Vice-president Ram Chandra Poudel and General Secretary Krishna Prasad Situala are said to take a call on the issue after consulting legal experts close to the party. Senior advocates close to NC, including Harihar Dahal, Sher Bahadur KC and NC lawmaker and Advocate Radheshyam Adhikari converge at one point that the court order has given the parties a last chance to extend the CA by a maximum of six months. “The parties should go for another six-month extension of the CA,” said Dahal. He added the order cannot be taken as an intrusion on the political purview or the legislature. “The order stems from the judiciary’s concern towards people’s aspirations. In fact, for the thick-skinned politicians, this order is weak.”

The court order, NC lawmaker Adhikari says, is clear and concrete and contains three important directives. First, it gives the parties the last chance to draft the constitution in the next six months; second, it gives the parties an option of referendum; and third, it says the parties could also follow “other constitutional ways”, which means fresh elections. Senior Advocate KC said the bold order is likened to a mandamus so there is no other way for the NC or any other party to follow. “The court has been generous in that it gave legitimacy to the four year term of the CA, whereas it cannot be more than two and a half years, legally speaking,” said KC.

PLA fighters’ choice of options (as of Sunday)

Division    Integration     Voluntary     Rehabilitation     Total

        retirement

1st    700    666    0    1,366   

2nd    812    483    2    1,297

3rd    1,989    1,319    0    3,308

4th    1,301    1,275    0    2,576

5th    1,076    781    0    1,857

6th    1130    1,257    0    2,387

7th    952    913    0    1,865

Grand Total    7,960    6,694    2    14,656

Posted on: 2011-11-28 09:02


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