House now asks SC for CA term verdict review
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KATHMANDU, JAN 30 -
The parliament on Sunday registered an appeal against the Supreme Court (SC) administration’s refusal to review its earlier decision that put a final six-month cap on the extension of the Constituent Assembly (CA) tenure.
The application filed by Speaker Subas Nembang has cited some precedents arguing that the court can review even final decisions made by its full bench. Nembang opines that the decision of the court’s administration to refuse a registration asking for review of the earlier decision is against the Interim Constitution.
The speaker states that it is the bench that decides whether or not review plea should be registered and the court’s administration cannot do so. The application also says that the joint-registrar doesn’t have any legal authority to refuse the registration.
The government, too, on January 27 registered an appeal against the SC administration’s refusal to review its earlier decision that put a final six-month cap on the CA term.
The apex court had on December 27 refused to register review applications filed separately by the government and the parliament, arguing that “the final verdict given by the full bench” cannot be reviewed.
The speaker has argued that this is not the case as in the past orders and final rulings made by the special bench have been reviewed or are in the process of being so.
On November 25, the full bench had put the six-month cap, which later drew flaks from the government and political parties, especially the ruling, saying that the ruling was an intrusion into the parliament affairs.
The apex court had said that a referendum or a fresh mandate or any other constitutional methods were alternatives to the CA if it failed to deliver a constitution within the extended deadline.
Posted on: 2012-01-30 09:15
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