The Supreme Court on Wednesday upheld its decision not to extend the Constituent Assembly term after May 27, leaving the political parties no other option but to promulgate the new constitution in the remaining two months. A single bench of justice Kamal Narayan Das upheld the apex court´s November 25 decision rejecting the government´s petition for judicial review. The court maintained that the Nov 25 decision was duly and legally taken by the SC vice-registrar.
The Nov 25 verdict had ruled out 10th amendment to the interim constitution. Prime Minister Baburam Bhattarai and CA Chairman Subas Chandra Nembang then filed an application for judicial review.
Das explained in the verdict that his bench issued the verdict looking into procedural legitimacy and legal validity of the court´s earlier decision. The bench, the verdict says, is not supposed to enter into the issue of judicial review of the original verdict.
According to the verdict, the decision of a special bench is equivalent to that of a full bench. The verdict refers to a three-year-old precedent in a case involving a Guthi Sansthan. The Supreme Court full bench in the case had ruled that the decision of a special bench can not be reviewed.
The verdict also recalled a similar decision taken by the special bench that rejected the application for judicial review in a petition against the 8th amendment of the interim constitution.
SC on a writ petition lodged by Bharat Mani Jangam and advocate Bal Krishna Neupane against the 10th amendment of interim constitution had ruled that the CA term could be extended for the last time till May 27, 2012 ruling.
Coincidentally, the SC decision comes a day after high-level talks between top political leaders and Supreme Court judges over the proposed form of judiciary in the new constitution.
Leaders´ take
"We will show them by promulgating new constitution by May 27." [UCPN (Maoist) Chairman Pushpa Kamal Dahal at a meeting of dispute resolution subcommittee at Singha Durbar].
"The Supreme Court´s decision is against established principles," [UCPN (Maoist) Chief Whip Dev Gurung telling media persons at Singha Durbar.]
"We will accept the SC verdict though we have reservations. Only parliament can amend the constitution, not the Supreme Court." NC leader Ram Sharan Mahat.
"There is no point commenting on the court´s decision. People are the greatest judge of political leaders. Therefore, we have to concentrate all our efforts to conclude the peace process and promulgate the new constitution by May 27." CPN-UML Chief Whip Bhim Acharya.
"In principle, this is infringement of parliament´s jurisdiction. But, in the present context, we have to respect the Supreme Court´s verdict," Acting Chairman of Madhesi People´s Rights Forum-Republican Raj Kishor Yadav.
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