Sunday, April 18, 2021

SC constitutional bench defers hearing on cases against dissolution of House due to scarcity of time


Kathmandu, 13 January (2021) - Constitutional bench of the Supreme Court on Wednesday has postponed hearing on cases against dissolution of House of Representatives due to scarcity of time.

The next hearing is scheduled for Friday.

Previously, Chief Justice (CJ) Cholendra Shumsher JB Rana asked the Attorney General (AG) whether the bench comprising fewer justices than the bench of 11 justices in previous case of disbandment of House can overrule the previous bench's interpretation.

Speaking during the hearing at the constitutional bench on Wednesday, CJ Rana asked why the hearings cannot be referred to the grand bench as there is a precedent of bench comprised of 11 justices hearing cases against dissolution of the House.

Writ petitioners had demanded to conclude the legal proceedings through grand bench.

But AG Agni Kharel said that only a serious constitutional interpretation demands hearing in the grand bench and there are no legal complexities in the present case.

CJ Rana countered AG Kharel with a question, "Then the precedent of convening a bench comprised of 11 justices to hear case of House dissolution can be raised. Can bench of fewer justices overrule the interpretation of the bench comprised of 11 justices?"

AG Khrael argued that the role of constitutional bench will weaken if the present case is sent to the grand bench.