Kathmandu, May 30:

The five-member full bench formed by the Supreme Court today to test the constitutionality of the detention of former ministers Ramesh Nath Pandey, Shrish Sumsher Rana and Nikshya Sumsher Rana met a premature end as a member of the bench, Kedar Prasad Giri, refused to join the bench. Saying that he was the one who had recommended that the case be heard by a full bench, it was inappropriate for him to join the bench.

Chief Justice Dilip Kumar Paudel and justices Kedar Prasad Giri, Min Bahadur Rayamajhi, Ram Nagina Singh and Anup Raj Sharma were other members of the bench.

Now, the Chief Justice will either have to constitute another bench or induct another justice for hearing the case.

Chief Justice Paudel had constituted the bench on the basis of seniority. “Since I referred the case to the full bench, it is inappropriate for me to be a member of the full bench,” said Giri.

Citing a changed legal context, a division bench of Justices Giri and Top Bahadur Magar had recommended that a full bench of the Supreme Court hear the case.

On May 18, the House had declared itself the supreme body of the nation. According to the declaration, the provisions and laws that contradict with the declaration would be annulled automatically.

Stating that it was illegal to detain the ministers under the Public Security Act 1989, advocate Tikaram Adhikary had filed a habeas corpus petition, demanding that the ministers be released.