Court to take more time to give its verdict on parliamnent dissolution

Photo Courtesy: Official Website of the Supreme Court

Kathmandu: Following the news that the Supreme Court has heard the writ petitions filed against the dissolution of Parliament by the Oli government in a single sitting of the Chief Justice, many people on Wednesday questioned whether the verdict is coming today or not.

In this, the experts of the court procedure say that it may take a few more weeks for the Supreme Court to decide right or wrong about the government’s move to dissolve the parliament.

According to experts, the Constitutional Court cannot rule on the writs of dissolution of Parliament on Friday. The court might take at least one and a half week to give its verdict.

On Wednesday, Chief Justice Cholendra Samsher JBR ordered to file 12 writ petitions in this regard in the Constitutional Court from a single sitting. The hearing on the writ petition will begin in the Constitutional Court on Friday.

Article 137 of the constitution provides for a constitutional session. There are five members in the Constitutional Court, including the Chief Justice. On the recommendation of the Judicial Council, a five-member constitutional bench is constituted, including four judges appointed by the Chief Justice.

The Supreme Court on Wednesday ruled that the constitution should be interpreted in a writ petition dissolving the parliament. The order issued by the single bench of Chief Justice Cholendra Samsher Jabra said, “Since the subject matter raised in this petition is related to the interpretation of Article 76 (1), (7) and Article 85 of the Constitution of Nepal, the petition should be submitted to the Constitutional Court as per Article 137 (3).”

Since the President was dissolving the Parliament on the basis of the recommendation made by Prime Minister Oli, Articles 76 (1), (7) and Article 85 of the Constitution have been mentioned and now the Supreme Court has to interpret these articles.

Article 133 of the constitution has given privileges to the Supreme Court for the implementation of the fundamental rights provided by the constitution. Giving even more power, Article 137 (3) of the Constitution has given the Supreme Court the right to interpret the Constitution.