KATHMANDU: The Supreme Court on Tuesday registered a writ of certiorari and mandamus against the 16-point agreement that was signed by four political parties on June 8.
A single bench of Justice Cholendra Shamsher Rana ordered to register the writ, which was earlier rejected by the apex court, according to Baburam Dahal, Spokesperson for the Supreme Court.
“Following court’s order, the writ was registered today itself,” Dahal told THT. “The court will set a hearing day most probably tomorrow.”
Nepal’s former ambassador to Denmark Vijay Kant Karna and Rita Shah, a Madhesi activist, filed the writ, seeking repeal of some points of the 16-point agreement. They have stated that the clauses of the agreement violated Article 12, 13, 21, 70 and 138 of the Interim Constitution and provisions of Constituent Assembly Rules.
Following its initial refusal, Karna and Shah yesterday filed another writ against the refusal to register their petition.
The petitioners have argued that as per Article 138 of the Interim Constitution, the issues of federalism and forms of governance must be decided by the CA and not by the Parliament.
The petitioners have named the chiefs of four political parties (the Nepali Congress, the CPN-UML, the Unified CPN-Maoist and Madhesi Janaadhikar Forum-Democratic), Constituent Assembly Secretariat, Constitutional-Political Dialogue and Consensus Committee and Office of the Prime Minister and Council of Ministers as defendants.
Talking to THT, Karna welcomed the apex court’s decision to register the writ and expected an early hearing on it.
The petitioners have said that the 16-point agreement ‘calls for fixing election constituencies on the basis of both geography and population which is wrong’. They have demanded that representation by population theory should apply in both the Houses of the Parliament.
The 16-point pact intended to create negative equality by requiring foreign women married to Nepali nationals to wait for seven years in order to be able to apply for naturalised citizenship, Karna stated.
The petitioners have stated that there should be permanent Constitutional Court and inclusion must be ensured while electing Prime Minister, President, Vice President, Speaker and Deputy Speaker.
Former ambassador Karna said they have also demanded to include the provision of the formation of Madhesi Commission.