KATHMANDU, March 6: Responding to the Supreme Court (SC) order to furnish clarifications over the proposal to form an election government under the leadership of Chief Justice (CJ) Khil Raj Regmi, the president´s office and Prime Minister Baburam Bhattarai and his office have said that the issue does not fall under the jurisdiction of the apex court as it is a ´purely´ political matter.
In separate written clarifications sent to the SC on Tuesday, the president´s office and Prime Minister Baburam Bhattarai and his office have termed the writ petition filed by Advocate Bharat Mani Jangam as ´fictitious´ and ´meaningless´, and urged the apex court to scrap it.[break]
Chairman of UCPN (Maoist) Pushpa Kamal Dahal, in his clarification, termed the writ petition ´immature´ and ´ill-intentioned´.
The SC last Sunday sought written clarifications regarding the issue from the president´s office, the prime minister and his office and Chairman Dahal by March 5.
Following hearings on a writ petition filed by Advocate Jangam at the SC, a single bench of Justice Sushila Karki had decided to forward the case to a special bench, stating that it was necessary to interpret several laws before issuing any final verdict.
The president´s office, in its two-page clarification, maintained that it does not believe a dispute related to a political issue can be a matter for judicial review. The president´s office has further argued that the writ petitioner is not clear what it has done that is against the Interim Constitution.
The president´s office has also said that it is the established norm for the president to hold discussions with leaders of political parties in the capacity of head of state and protector of the constitution, in order to resolve the present crisis in the broader interest of the country.
The prime minister and his office have stated that the writ petition is against the spirit of the ongoing peace process and the particular political situation obtaining in the entire country.
Stating that the writ petition has raised an issue that is related purely to giving an outlet to the country, Bhattarai and his office have claimed that the apex court cannot carry out any judicial review on the issue.
The prime minister and his office have maintained that the political parties agreed on the formation of an election government led by the sitting chief justice for holding fresh polls for a Constituent Assembly after they failed to forge consensus on any other alternative regarding formation of such a new government.
“There will not be any adverse impact on constitutionalism and an independent judiciary, and separation of powers will remain intact, as the chief justice, once he heads an election government, will only execute the tasks of the executive and keep away from any day to day activities in the capacity of CJ,” reads a seven-page written clarification from the prime minister and his office.
Arguing that raising the issue of formation of a government cannot be termed ´public interest litigation´, Prime Minister Bhattarai has maintained that the issue attracts the political question doctrine and does not come under judicially determinable standards.
The prime minister and his office have also presented examples of a government led by a chief justice in Bangladesh in 1991 and the constitutional provision in Greece on the formation of a chief justice-led government.
They have maintained that the political parties are fully aware that the formation of a government under the CJ will not affect separation of powers and checks and balance.
Maoist Chairman Dahal has accused the writ petitioner of moving the SC with an ill intention of destroying the achievements of democracy in the country. He has also mentioned that the formation of the CJ-led government will be fully supportive of the separation of powers.
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