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30 June, Kathmandu. The Supreme Court could not proceed with the case against the constitutional officers pending in the constitutional bench for 3 and a half years even on Wednesday.
The case against 52 constitutional officials appointed during the time of the then Prime Minister KP Sharma Oli has been continuously moving from the constitutional bench. On Wednesday, due to the pressure of the case, he did not get his turn.
Separate writ petitions filed by advocate Omprakash Aryal and 15 others have been pending in the constitutional bench of the Supreme Court for 3 and a half years.
Due to the selfishness of the then Chief Justice Cholendrashamser Jabara, the hearing of the case, which he was unable to see, has been delayed even after his retirement. The case was delayed for 15 months only because of coercion.
Later, a single bench of the Supreme Court gave an interim order not to hear the case without the Chief Justice. Only after the impeachment of Jabara on February 1, 2078, the trial of the case proceeded. On 11 July 2079, the Constitutional Bench of the Supreme Court issued an order to prioritize the case.
The Supreme Court ordered to ask for answers from the stakeholders and to attach all the documents requested to the Missile, “to ensure that the hearing will not be hindered due to the fact that the procedural work has not been completed or remains incomplete,” the case that received priority (special priority) has not been heard for the next two years. yes
When the internal strife within the then Nepal Communist Party (NCP) reached its height, the Constitutional Council under the leadership of Prime Minister KP Sharma Oli appointed 52 constitutional officials in two phases.
Opposition leader Sher Bahadur Deuba and Speaker Agni Sapkota were not involved in the unanimous appointment of the then Chief Justice Cholendra Shamser Jabara and National Assembly Speaker Ganesh Prasad Timilsina.
The legal practitioners raised questions that the constitutional officer was appointed by issuing an ordinance, no information was given to all the members of the constitutional council and the process was broken.
The writ petition has questioned the legality of the appointment of all the officers of the constitutional bodies except the Chief Election Commissioner of the Election Commission.
Advocate Omprakash Aryal said, “The case has fallen below the priority list, so it is not the turn of the day.” But because they are not prioritized, the hearing of the case has been moving again and again.’
The Supreme Court has fixed this case on August 19. From that date, Chief Justice Vishwambhar Prasad Shrestha will stop hearing cases due to retirement. It is a tradition that Supreme Court judges stop hearing cases one month before their retirement.
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