| Supreme Court to accept petitions pertaining to non-suspended rights
In what has been described as a landmark verdict, the Supreme Court on Thursday held that fundamental rights of the people—that have not been suspended under the state of emergency—can be enjoyed by the citizens without any restrictions.
A special bench comprising Chief Justice Hari Prasad Sharma and Justices Bhairav Prasad Lamsal, Min Bahadur Raymajhi, Anup Raj Sharma and Balram KC held that the Supreme Court could accept writ petitions related to fundamental rights, which have not been suspended during the state of emergency.
Earlier, Registrar of the Supreme Court had rejected writ petitions that involved fundamental rights that were not suspended during the state of emergency. After the imposition of the state of emergency on Feb.1, the apex court and Appellate Courts had been taking cases related to habeas corpus petitions only.
As per the order issued by the government on February 1, fundamental rights of the people including Right to movement, Right to Property, Right to Press and Publication were suspended under the state of emergency. But rights like Right to equality and Right against illegal detention have not been suspended.
In its verdict, the apex court said it is illogical to think that right to constitutional remedy has been suspended during the times of emergency.
Talking to Nepalnews after the court verdict, advocate Dinesh Tripathi—who has been monitoring the developments closely-- said it was a brilliant and forward-looking judgment. “The verdict is based onn purposive interpretation and it has widened the scope of judicial review,” he added. nepalnews.com by Mar 31 05
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