The hearing on the three members recommended by the KP Sharma Oli government to the National Assembly has been stopped for the day on Sunday. A joint bench of Justices Hari Krishna Karki and Prakash Singh Raut had started hearing of the case.
Advocate Babu Raja Joshi pleading on behalf of the petitioners, the three persons recommended by the Sher Bahadur Deuba government, argued that both the justices cannot hear the case.
Joshi claimed that Justice Raut cannot again hear the case after issuing an interim order on February 25 to stop swearing-in of the three members recommended by Oli government. Joshi also argued that Justice Karki, who was attorney general during the previous term of Oli as prime minister, cannot hear the case against recommendation made by the Oli government.
The justices after hearing Joshi’s arguments went to the chamber for discussion. Justice Karki upon emerging from the chamber said the bench has decided to not hear the case after Justice Raut said he cannot hear it.
The caretaker Sher Bahadur Deuba government had recommended Gopal Basnet, Krishna Prasad Paudel and Chandani Joshi for National Assembly on February 11 but the President’s Office sat on the recommendation stating that the government made the recommendation unilaterally without consulting with parties.
The Oli government then withdrew the names and recommended the names of former Nepal Rastra Bank governor Yuba Raj Khatiwada, Ram Narayan Bidari and Bimala Paudel instead. President Bhandari nominated the three persons recommended by the Oli government on the same day the recommendation was made.
The three persons recommended by Deuba government moved the SC demanding that they be nominated to the National Assembly instead, and an interim order be issued to stop swearing-in of those recommended by the Oli government.
A single bench of Justice Raut on February 25 then issued an interim order in the name of parliament secretariat, Prime Minister (PM) Oli and the President’s Office to stop swearing-in of the trio, and summoned both the sides for hearing to decide whether to give continuity to the interim order or not.