Nepal | February 18, 2019

SC refuses to register writ against 16-pt deal

Petitioner says he will move the court again to challenge the refusal tomorrow

Himalayan News Service
  • In their writ, 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.
Supreme Court of Nepal. Photo: THT/File

Supreme Court of Nepal. Photo: THT/File

KATHMANDU: The Supreme Court on Friday refused to register a writ of certiorari and mandamus that Nepal’s former ambassador to Denmark Vijay Kant Karna and another Madhesi activist Rita Shah wanted to file against the recently signed 16-point agreement.

The petitioner had sought repeal of some points of the 16-point agreement, saying that the clauses of the agreement violated Article 12, 13, 21, 70 and 138 of the Interim Constitution and provisions of Constituent Assembly Rules. The SC, however, refused to register the writ, saying it was about an agreement reached between political parties.

The apex court said it had the powers under the Rule 27 (3) of the Supreme Court Regulation, 1991, to refuse a writ for failing to raise legal and constitutional issues.

The petitioners had named the chiefs of four political parties (the Nepali Congress, CPN-UML, 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.

Former ambassador Karna said he would file another application on Sunday at the SC against the apex court’s refusal to register his petition.

“The Interim Constitution talks of enacting a new constitution to give space to all the stakeholders, particularly the Maoists and the marginalised communities including Madhesis, Dalits, women and Janajatis, but now the forces that are in power or majority are denying the past agreements or are trying to impose new agreements and that’s why I have knocked the court’s door,” Karna told THT.

In their writ, 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 said that the 16-point agreement mentioned of fixing election constituencies on the basis of both geography and population, ‘which is wrong’. The petitioners have demanded that representation by population theory should apply in both the Houses of the Parliament. The petitioners have said that 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.

The petitioners have stated that there should be permanent Constitutional Court and inclusion must be ensured while electing President, Vice President, Prime Minister, Speaker and Deputy Speaker.


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