Upper House Session Erupts Over Alleged Constitution Breach and Interference With Judges

Kathmandu – In the National Assembly, Congress lawmaker Anand Prasad Dhungana expressed dissatisfaction over the Supreme Court’s failure to deliver a ruling on the case concerning the reinstatement of Parliament.

After the Janjagaran (Gen Z) movement, nearly a dozen writ petitions were filed challenging the dissolution of the House of Representatives on Bhadra 27—based on Prime Minister Sushila Karki’s recommendation—but none have been heard.

Lawmaker Dhungana raised an objection at Friday’s National Assembly session, saying the Supreme Court has not heard the writ petitions pending before it.

Dhungana said he had never seen Supreme Court justices so “spineless.” He invoked examples from the Panchayat era, when judges used to give priority to setting aside cases, and said it was concerning that the current situation had become similar.

He said: “This country’s sense of nationalism has weakened. There is a case filed for the reinstatement of Parliament. But the judges have become so spineless. Why Nepal’s judges have become so spineless, I do not know. Even during the Panchayat and royal periods, when there was a case involving state affairs, a decision would be made immediately. But today, that is not the case.”

Although the Constitution of Nepal prohibits debate in Parliament on matters pending before a court, the National Assembly has faced criticism for discussing the non-hearing of the dissolution case.

Article 105 of the Constitution states: “No proceeding in the Federal Parliament shall be entertained in relation to any matter the adjudication of which before any court is pending and which may adversely affect the administration of justice; nor shall any debate be entertained regarding the judicial conduct of a Judge in the discharge of his judicial functions.”