Separate constitutional bench sought in apex court
KATHMANDU: A panel headed by Justice Bala Ram KC has suggested the Supreme Court (SC) to set up a separate constitutional bench at the SC for settling constitutional disputes.
After two and a half month long study, the panel suggested the apex court to set up the constitutional bench to settle serious constitutional issues appear before it. "Constitutional bench is essential in providing prompt justice on serious constitutional issues," Justice KC told The Himalayan Times today. According to him, the panel would submit its report to Chief Justice Anup Raj Sharma within couple of days.
In his bid to reform the judiciary, CJ Sharma had formed the panel comprising Justice KC, Justice Top Bahadur Magar and SC Registrar Dr Ram Krishna Timalsena to study whether there is a need of setting up a separate constitutional bench in the apex court.
The CJ had formed the panel as per the demand of the lawyers to settle serious constitutional disputes and the public interest litigations. "We have suggested replacing the special bench by the constitutional bench," Justice KC added. "For the purpose we have also suggested to amend the Supreme Court Regulation, 1991," he added.
Currently, the special benches have been examining the constitutional disputes. The panel also analysed that since the apex court delayed on issuing verdict on the parliament revive case for more than 4 years from 2001 to 2005 due to which the nation faced political crisis. "Had the apex court decided on time, there might not be such political crisis in the country we faced in the absence of the parliament," Justice KC added.
The panel has suggested the apex court to settle the cases on time as delay on such serious cases would tarnish the image of the judiciary. It has also suggested that a continuous hearing on serious cases is required to boost the trust of the people towards the Judiciary.