Nepal

SC withholds hearing on circuit benches

SC withholds hearing on circuit benches

By Himalayan News Service

KATHMANDU: Claiming that the government’s plan of setting up Supreme Court circuit benches is a constitutional issue, the apex court thursday withheld the final hearing. The Supreme Court has sought the help of amicus curiae before settling the issue. A three-member special bench of Justices Kalyan Shrestha, Prakash Osti and Bharat Raj Upreti invited amicus curiae from the Nepal Bar Association, Supreme Court Bar Association, Law Faculty of Tribhuvan University and the Kathmandu School of Law to attend the final hearing to assist the apex court in taking the final decision. “As it is a serious constitutional issue, which may have long-term impact, there is a need to discuss the issue seriously before making the final decision,” the bench observed. The bench sought the presence of six senior advocates or advocates from the Nepal Bar Association; four senior advocates or advocate from Supreme Court Bar Association and each from Law Faculty of Tribhuvan University and Kathmandu School of Law. The government had introduced the plan to set up circuit benches in Biratnagar and Nepalgunj through the current fiscal year’s budget. However, a group of advocates lodged a PIL claiming that the plan would undermine the independence of the apex court. Following the controversy, the government had formed a bench under SC Justice Khil Raj Regmi, who had supported the government’s plan stating that the Supreme Court Act authorises the Chief Justice to expand the benches.