Sunday, May 13, 2007

SC Working to Amend Its Regulation

The Supreme Court is doing homework to make some provisions of the Supreme Court Regulation 1992 compatible with the Interim Constitution 2007 the himalayantimes reports ."We (a full-court meeting of judges) are doing homework to make provisions that contradict with the Interim Constitution compatible," a Supreme Court Justice told on condition of anonymity.The full-court meeting has discussed the issue twice. It will take up the issue again two weeks later. "Rule 6 of the Supreme Court Regulation contradicts with Article 107 (4) of the constitution," the judge said, adding, "Apex court judges have felt that the rule is creating problems while delivering final verdicts."
A provision in the Supreme Court regulation says the judges' bench which decided a particular case can review it, while the Interim Constitution says another panel of judges should review the case."The Supreme Court may review its own judgments or final orders subject to the conditions and in the circumstances prescribed by law. Such a review shall be done by judges who were not engaged earlier in making the said judgment," Article 107 (4) of the constitution states.Some of the judges have been saying that the parliament should amend the constitution considering the practical problem of the apex court. Others have been saying that the Supreme Court regulation should be amended to make it compatible with Article 107(4) of the constitution.
"If the parliament does not amend the said article of the constitution, the apex court will need more judges to review cases," a justice said. About 700 review petitions are pending in the Supreme Court.

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