Friday, February 15, 2008

SC not obliged to settle all cases

Making a three-month-old verdict public, the Supreme Court (SC) said today that it is not bound to settle all issues related with the “constitution and law.”Responding to a Public Interest Litigation (PIL) filed by advocate Chandra Kanta Gyawali, a single bench of Chief Justice Kedar Prasad Giri had issued the verdict.The advocate had moved the Supreme Court, demanding its order to the government to conduct a study on restructuring of the state.

“Every issue to be decided by a court of law should have judicially manageable standard,” the text stated.“The court decides a case when there is a guarantee that its verdict will be enforced.”The apex court said the formation of a state-restructuring commission is the sole prerogative of the government and there is no need for the apex court to order the government to set up such a commission.“The formation of such a commission and determination of service condition of members of the commission is a political issue,” the bench maintained.The petitioner had moved the court, stating that though the formation of the commission is a must as per Article 138 of the Interim Constitution of Nepal, 2007, the government was yet to initiate a process in this regard.“Involvement of the apex court in every political issue would not help develop a healthy political environment. This would give rise to frustration towards the political system,” the verdict further stated.

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