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Kathmandu Wednesday August 22, 2001 Bhadra 06, 2058.
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Supreme Court issues show cause notice
against Deuba’s move
By Rudra Sharma
KATHMANDU, Aug 21 – The Supreme Court has issued four
important orders, including a show cause notice, against Prime Minister Sher Bahadur Deuba’s
announcement to freeze land sales and transfer of ownership.
The Supreme Court’s decision came after two days of
hearing of four different writ petitions filed by four lawyers.
A single bench of Chief Justice Keshav Prasad Upadhyaya on
Tuesday issued a show cause notice to the government, both Houses of Parliament and the
parliament to furnish written reply by 29 August clarifying the claims of the writ
petitioners.
The Chief Justice also ordered to send the case to a special
bench of five justices. The first hearing in the special bench will be held on August 31.
Upadhyaya said the preference right was granted to the writ
petitions according to the Supreme Court Rules as it was expedient to resolve the claims
of petitions as soon as possible considering the serious nature of the case. In his order,
Upadhyaya further said that this serious constitutional question of public importance,
stated in the writ petitions, should be resolved as per the Constitution of Nepal.
The Chief Justice said there is no need to mention about an
interim order as the case has already been referred to the special bench, which will sit
on August 31.
During the hearing, senior advocate Kunja Bihariprasad Singh
said that the Prime Minister’s announcement does not becomes a law. "The move to
prohibit the public from selling and transferring their land is illegal," Singh
added. Another senior advocate Krishna Prasad Bhandari said that those willing to sell
their land for medical treatment have been deprived of their rights. He demanded an
interim order against the government.
Advocate Artha Bahadur Hamal said the government can not make
wrong decision even if it has good objectives. Advocate Awadhesh Kumar Singh said the
Prime Minister’s decision has created economic crisis in the country. Advocates
Namasa Karki, Madhav Kumar Basnet, Surendra Kumar Mahato and Uttam Shrestha had filed
separate writ petitions on Friday.
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