Attorney Gen defends BIPPA in apex court
Added At: 2012-04-19 11:23 PM
Last Updated At: 2012-04-19 11:23 PM
HIMALAYAN NEWS SERVICE
KATHMANDU: Defending the Bilateral Investment Promotion and Protection Agreement (BIPPA) signed between Nepal and India during Prime Minister Baburam Bhattarai’s visit, Attorney General Mukti Narayan Pradhan today urged the Supreme Court not to intervene.
Pleading before a three-member bench of justices, the AG argued that there was no need to produce the Agreement for the parliament’s nod. The agreement was signed on October 21.“It is a matter of business,which is not related to the integrity of the state and distribution of natural resources so there is no need to intervene,” Pradhan added.
The AG also said BIPPA does not fall under the category of Article 156 of the Interim Constitution which provisions approval of parliament by two-third majority. It is only a government decision and there is no need for the apex court to intervene.
The bench has been testing the constitutionality of the agreement in response to a PIL filed by advocate Balkrishna Neupane, who claimed that various provisions of the agreement were against the sovereignty and integrity of Nepal.
Pleading on behalf of Maoist Chairman Pushpa Kamal Dahal, advocate Ram Narayan Bidari claimed the petitioner had filed the case with ulterior motive to serve the interest of regressive forces so there was no need of the SC’s intervention. Bidari also objected to the phrase “so called people’s movement” used in the case as which was objectionable to say that the statute was a byproduct of the 2002/03 movement. Justices Sharma and Upreti ruled that the petitioner should refrain from using such a term.