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SC issues show cause notice to NC, Deuba in contempt of court writ
Supreme Court (SC) on Thursday issued a show cause notice to the Nepali Congress and its President Sher Bahadur Deuba in a contempt of court petition.Supreme Court (SC) on Thursday issued a show cause notice to the Nepali Congress and its President Sher Bahadur Deuba in a contempt of court petition.
In response to a writ filed by advocate Hari Mainali, a single bench of Justice Ishwori Prasad Khatiwada has ordered the defendents to furnish a written clarification within 10 days.
Mainali on Sunday had moved the court citing the recent decision of the NC Central Working Committee, following the SC verdict on the appointment of Nepal Police inspector general.
The CWC meeting of the NC last week had said that the constitution has accepted the principle of constitutional supremacy and multiparty, democratic republican parliamentary system and separation of powers, clearly enshrining the rights of the executive.
The meeting had said that the recent decision of the SC on IGP appointment is an encroachment upon the executive rights of the government.
Advocate Mainali argues that the NC’s decision is contemptuous of the court’s verdict.
Some of the comments and objections of the party are against the provisions of the constitution, constitutional supremacy, rule of law, theory of separation of powers and against the principle of check and balance, Mainali said in his appeal.
Mainali observed that a responsible party like the Congress had ridiculed the court’s decision with its comments. He argued that the CWC decision contravenes several articles of the Constitution including 1(1), 126, 128 (2),(4), and provisions of the Supreme Court Act-2048 and the Judicial Administration Act -2073. He also demanded stern action against Deuba.
According to provision, if Deuba is found guilty, he would be slapped a fine of Rs10,000 or one year jail term or both.