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Appeal For Reviewing The Ruling Of Supreme Court Of Nepal
By KTM Metro Reporter
December 27, 2011: on behalf of the parliament, Speaker of parliament Subash Nemwang and on behalf of the government, Attorney General Mukti Pradhan have separately registered an appeal for reviewing the ruling of the Supreme Court of Nepal done on November 25, 2011 stating the term of the Constituent Assembly could be extended for the last time for the maximum of six months; thereafter the Constituent Assembly will be automatically dissolved, ‘gorkhapatra’ of today writes
Talking to the reporters after the registration of the appeal at the Supreme Court of Nepal, Speaker Nemwang has said that as the completion of the writing and then promulgation of a new constitution is not absolutely sure and if the Constituent Assembly is dissolved before the promulgation of a new constitution the country would be in a political vacuum and might face chaos; so, the parliament has decided to appeal the Supreme Court of Nepal for reviewing the ruling following the provision made in the Article 107 (4) of the Interim Constitution of Nepal of 2007. The Article states ‘The Supreme Court may review its own judgments or final orders subject to such conditions and in such circumstances as may be, prescribed by law. Judges other than those having handed down the previous judgment shall make such review.’
Legal Advisor to the parliament Mr Tanka Prasad Dhungana has said that the Supreme Court of Nepal has ruled the political issue under the jurisdiction of the parliament; so, the parliament has to appeal for reviewing the ruling, ‘gorkhapatra’ of today writes.
Various political leaders have been against the ruling of the Supreme Court of Nepal. They believe that this ruling has curtailed the prerogative of the parliament that could change any article of the constitution as and when necessary. They have said that the parliament has simply amended the article that makes the provision for the term of the Constituent Assembly. Some of the political leaders have even called on the parliament to impeach the justices that have ruled this political issue going against the interim Constitution of Nepal.
