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SC throws out writ

   
  

Added At:  2012-07-10 11:11 PM

   Last Updated At: 2012-07-10 11:11 PM

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HIMALAYAN NEWS SERVICE

KATHMANDU: The Supreme Court today rejected a demand for revival of the 1990 Constitution, upholding a week-old rejection of a writ petition.

A single bench of Justice Girish Chandra Lal upheld the rejection order made by joint-registrar Nahakul Subedi, stating that petitioner Bijendra Lal Joshi could not show grounds of infringement of his fundamental rights or contradiction of the Act with the existing Interim Constitution.

“There was no need to consider the rejection order,” the bench stated. Saying that the petitioner could not justify his claim as per the law and the existing constitution, the joint registrar had rejected the petition.

Petitioner Bijendra Lal Joshi had argued that since the Interim Constitution had failed to deliver, the SC should consider reviving the previous constitution through a court order. He also said the Interim Constitution had become defunct with the dissolution of the CA, so the Judicial Administration Act 1991 was not active as it was promulgated under the 1990 Constitution.

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