Legal experts welcomed reopen House revival case
Kathmandu, Aug27-Legal experts welcomed the Supreme Court’s endeavour to reopen the review petition, which was pending since the last three years, seeking reinstatement of the dissolved House of Representatives. “Though the apex court reopened it late, it is a positive move,” former Law Minister Subash Chandra Nemwang told reports himalaya times. “We cannot discuss the pros and cons of any sub-judice case. Hence, all I want to say is the apex court has to think seriously,” Nemwang, a prominent lawyer, said. “Since the apex court has said the case will be scheduled for the bench soon, the case ought to be settled properly,” he added. “There is sufficient ground to review the judgement passed while upholding Sher Bahadur Deuba’s recommendation to the King to dissolve the lower chamber of parliament three years ago,” he added.
“Since the government failed to hold elections in the last three years, the apex court is the only platform to settle the present constitutional and political crisis,” he added. Former Attorney General Mahadev Yadav said the apex court can review any case as per the Judicial Administration Act 1991 if there are any grounds as required by the 1991 Act. As per the Act, the Surpeme Court can review its previous verdict if such doubtful verdict violates precedents established by the apex court, or if new evidence is found even after issuing a verdict.
“Nobody can question the wisdom of the apex court if it entitles such a situation of absence of the parliament as evidence to decide the case,” Yadav added. Former President of Nepal Bar Association, Harihar Dahal, said since the apex court had reopened the case now everyone could hope that the constitutional deadlock would end. “Being lawyers, we have no authority to predict judgement on any sub-judice matter. I can just say that it is a positive move of the Supreme Court as it has seriously taken up the issue,” Dahal added.
Kathmandu, Aug27-Legal experts welcomed the Supreme Court’s endeavour to reopen the review petition, which was pending since the last three years, seeking reinstatement of the dissolved House of Representatives. “Though the apex court reopened it late, it is a positive move,” former Law Minister Subash Chandra Nemwang told reports himalaya times. “We cannot discuss the pros and cons of any sub-judice case. Hence, all I want to say is the apex court has to think seriously,” Nemwang, a prominent lawyer, said. “Since the apex court has said the case will be scheduled for the bench soon, the case ought to be settled properly,” he added. “There is sufficient ground to review the judgement passed while upholding Sher Bahadur Deuba’s recommendation to the King to dissolve the lower chamber of parliament three years ago,” he added.
“Since the government failed to hold elections in the last three years, the apex court is the only platform to settle the present constitutional and political crisis,” he added. Former Attorney General Mahadev Yadav said the apex court can review any case as per the Judicial Administration Act 1991 if there are any grounds as required by the 1991 Act. As per the Act, the Surpeme Court can review its previous verdict if such doubtful verdict violates precedents established by the apex court, or if new evidence is found even after issuing a verdict.
“Nobody can question the wisdom of the apex court if it entitles such a situation of absence of the parliament as evidence to decide the case,” Yadav added. Former President of Nepal Bar Association, Harihar Dahal, said since the apex court had reopened the case now everyone could hope that the constitutional deadlock would end. “Being lawyers, we have no authority to predict judgement on any sub-judice matter. I can just say that it is a positive move of the Supreme Court as it has seriously taken up the issue,” Dahal added.
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