KATHMANDU, FEBRUARY 16
Members of the Amicus Curiae formed by the Supreme Court to help the Constitutional Bench reach a decision on ongoing House Dissolution case, have begun their briefing on the case.
Senior advocate Badri Bahadur Karki, one of the five members in the Amicus Curiae, said on Tuesday that though the Executive enjoys certain political privileges, there is a lack of clarity on the Constitution clearly spelling out provisions to dissolve the HoR. "Moreover, the Prime Minister's move seems to be guided by the internal disputes in the ruling party," the former attorney general said.
Karki stated that the step to dissolve the House of Representatives was backed by mala fied intentions
In response to a query from Justice Sapana Malla on whether to look into constitutional provisions or political matter, Karki said the constitution enshrines the principle of balance of power, which give the Prime Minister the right to dissolve the parliament. However, he pointed that there must be constitutional grounds to back up such actions which, according to Karki, PM Oli failed to do. 'The house cannot be dissolved on grounds of internal disputes within the party.'
Karki concluded his arguments on Tuesday itself and other members of the Amicus Curiae--Satish Krishna Kharel, Bijaya Kant Mainali, Purna Man Shakya and Geeta Pathak will follow.
The Constitutional Bench of the Supreme Court that is hearing the case under the leadership of Chief Justice Cholendra Shumsher JB Rana, will announce its verdict after the opinion from the Amicus Curiae is completed.
