Nepal: A writ petition against Nepal Prime Minister KP Sharma Oli has been filed at the Nepal Supreme Court accusing him of acting in contempt of court for allegedly not implementing the order of the apex court. Advocate Om Prakash Aryal, filed the writ naming the Office of the Prime Minister and Council of Ministers and the Ministry of Land Management, Cooperatives and Poverty Alleviation for not abiding by the verdict on Giribandhu Tea Estate related case.
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In the petition filed, the advocate has alleged Oli and the Minister for Land Management Balaram Adhikari created obstructing by introducing ordinance. Further, on January 15, an ordinance was issued through the Office of the President to bypass the ruling, preventing the execution of the verdict.
Earlier, advocate Aryal had lodged a petition naming Oli and Minister Adhikari as defendants. However, the Supreme Court’s Joint Registrar Achyut Kuinkel refused to register the petition. Aryal then filed the petition naming the OPMCM and the Ministry of Land Management as defendants.
In the petition, filed under Supreme Court Rules, 2017, Aryal seeks action for the non-execution of a verdict issued by the Constitutional Bench of the Supreme Court on February 7, 2024, regarding the illegal use of land exceeding prescribed ceiling. The verdict instructed the Nepal Government to reclaim land exceeding the ceiling, identified as unutilized or lying barren, in the name of the state.
The case revolves around the lands of Giribandhu Tea Estate, which were found to have been misappropriated for purposes other than intended. Despite repeated directives, the land has not been transferred to the government, as per the court’s decision.
Advocate Aryal, claims the obstruction of the Supreme Court’s orders is a direct affront to the rule of law and an act of contempt.
In his petition, Aryal requested the Court to take immediate action against those involved and issue a ruling to prevent further violation of the court’s orders. He appealed for appropriate measures to ensure the compliance of the executive bodies with judicial orders, in line with the country’s constitutional framework.
Aryal said that the hearing on the case is scheduled for Sunday, February 16.
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