Tuesday, February 19, 2008

SC seeks explanation on third statute amendment

The Supreme Court demanded written explanations from the government and the parliament on the third amendment to the Interim Constitution of Nepal, 2007.
A single bench of justice Sharada Shrestha issued show cause notices to the authorities, responding to a Public Interest Litigation (PIL) that was registered in the apex court on February 10. The apex court gave a 15-day deadline to Prime Minister Girija Prasad Koirala, the Parliament and the cabinet to submit written explanations.
The bench issued the order following initial hearing on the PIL. Advocate Achyut Prasad Kharel had registered the PIL questioning the amendment that also prohibits the pro-royalist parties from launch programmes in favour of constitutional monarchy. During monday’s hearing, senior advocate Ganesh Raj Sharma and advocate Balkrishna Neupane demanded that the apex court scrap the amendment.“The Seven-Party Alliance (SPA) violated the rights of the sovereign people and declared the country a republic without taking the mandate of the people,” the PIL stated.
Claiming that the amendment contradicts with Article 141 (2) of the Constitution, Kharel has sought the apex court order to scrap the amendment on Article 159 of the Constitution.
“The SPA government has prevented political parties from launching campaigns in favour of constitutional monarchy, multi-party democracy and human rights. This is against Article 141(2) of the Constitution,” it stated.
The Article reads: “Any law, arrangement or decision, which allows for participation or involvement of a single political party or persons having a single political ideology, philosophy or programme in the elections, political system of the country or conduct of State Affairs shall be considered inconsistent with this Constitution and shall ipso facto be void.”

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