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Posted
on 04-Dec-03 05:51 PM
SC begins hearing on HoR reinstatement writ
By Kiran Chapagain
KATHMANDU, Dec 5 - In an unexpected development, the Supreme Court Thursday began its hearing on a writ seeking revision of its 18-month-old verdict that upheld the then Prime Minister Sher Bahadur Deuba’s decision to have the House of Representative (HoR) dissolved.
A full bench of 11 Justices, including Chief Justice Kedar Nath Upadhyaya, sat in a hearing held in camera Thursday and ordered the court administration to submit the original files of records concerning the writ.
Interestingly, the apex court began its hearing on the writ after Chief Justice Upadhyaya himself took the initiative, and that too, 14 months after the writ was actually filed by advocate Dhurba Koirala.
“The writ could not have made it to the court’s causa list for hearing had it not been for the Chief Justice’s own initiative,” said a Supreme Court source.
Even Koirala himself was totally unaware of the fact that his writ was up for hearing Thursday. “I was surprised,” said visibly elated Koirala.
The court administration had earlier refused even to register the writ. Koirala later sought postal recourse to have the writ registered at the apex court.
Constitutional experts see the apex court’s unexpected move to reconsider the writ as a “crucial and bold step.”
Some argue that the hearing might be the judiciary’s realisation that it had an important role to play to end the present political stalemate constitutionally.
“It might be an indication that the apex court is willing to revert its earlier verdict,” Bishwanath Upadhyaya, former Chief Justice and chief architect of the present Constitution, told Kantipur Online this evening.
He further added, “It would be nice if the apex court rolled back its earlier verdict that upheld the dissolution of the House of Representatives.”
Upadhyaya is the elder brother of the Chief Justice.
Constitution expert Purna Man Shakya, who many consider as the “right hand” of the incumbent Chief Justice, has similar views on the Supreme Court’s sudden move. He even advocated that the Court should take some bold step to bring the constitutional and political process back on track.
“It is high time that the judiciary assumed a proactive role to end the present crises since political process has failed to take care of the problems facing the country,” he added.
Similarly, former attorney general Sarbagya Ratna Tuladhar, also said that the Supreme Court’s move could lead to a very important development. “It might be a move aimed at reinstating the HoR,” Tuladhar concluded.
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