KATHMANDU, Feb 17: At a time when the major political parties are discussing structure of an election government-led by the sitting justice, a writ petition was filed at the Supreme Court (SC) on Sunday challenging the decision of the four major parties to form such a government.
Advocate Bharat Mani Jangam moved the apex court a day after the four major parties --UCPN (Maoist), Nepali Congress (NC), CPN-UML and United Democratic Madhesi Front (UDMF) -- reached consensus on formation of an election government led by Chief Justice Khil Raj Regmi.
The petitioner has sought an interim order against the decision of the four major parties, arguing that such a move would encroach on the independence of judiciary. The petitioner has also sought apex court order for the formation of a government within a month to conduct fresh election to the Constituent Assembly (CA) and parliament.
“The move would diminish the dignity of judiciary. So, it is necessary to uphold independence of the judiciary and keep it away from political interfere,” reads the petition.
Jangam has claimed that the president´s office is wasting time on the proposal of a government led by sitting chief justice, saying it would not resolve the current political and constitutional crisis.
The petitioner has accused the prime minister and Maoist Chairman Pushpa Kamal Dahal of hatching a political conspiracy against the judiciary and that other parties and the president have fallen into that trap.
The petitioner has maintained that the proposal of a government led by sitting chief justice is against the principle of separation of powers and was floated by the Maoist leadership with an ill-intention of prolonging their stay in government.
The president´s office, Prime Minister Baburam Bhattarai and his office and UCPN (Maoist) Chairman Dahal have been made defendants in the petition.