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Interim Order of the Supreme Court Of Nepal
Interim Order of the Supreme Court Of Nepal
KTM Reporter
May 6, 2017
Kathmandu: On May 5, 2017, a single bench of Justice Cholendra Shumsher JB Rana issued an interim order to the parliament not to move forward the motion to impeach the chief justice of the Supreme Court of Nepal, and lifted the suspension of the chief justice from the job, the news in “gorkhapatra” of today stated.
The motion to impeach chief Justice Sushila Karki introduced at the parliament on April 30, 2017 based on the pending case concerning the promotion of IGP at the Supreme Court does not follow the spirits of the Constitution, the news quoted the interim order of the single bench that has opened the door to the suspended chief justice to continue her business as a chief justice on Friday, May 5, 2017.
On the same day, the main opposition party called CPN-UML disrupted the regular proceedings of the parliament demanding to take back the motion to impeach the chief justice or to fast track the motion. The coalition establishment refused the demand of the CPN-UML leading to interruption of the regular business of the parliament.
The coalition partners: NC and CPN-Maoist-Center said that the interim order was unconstitutional, and it was the interference in the business of the parliament. The coalition partners have concluded that the Supreme Court could not interfere in the parliamentary business; so, the parliament would continue the motion to impeach the chief justice, the news quoted Attorney General Raman Shrestha.
The Attorney General quoted the Article 103 (5) of the Constitution that states “(5) No proceedings shall be initiated in any court against any person in respect of the publication, under the authority granted by any House of the Federal Parliament, of any document, report, vote or proceeding. Explanation: For the purposes of this clause and clauses (1), (2), (3) and (4), "House" means the House of Representatives or the National Assembly, and includes a joint sitting or committee or joint committee of the Federal Parliament.”
The opposition CPN-UML lawmakers have been saying that the motion has not been introduced in the parliament so the Article 103 (5) will not be applicable. Then, some analysts question how come the chief justice is suspended.
