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Supreme Court issues show-cause order against Jenji agitation commission

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Kathmandu. The Supreme Court (SC) has issued a show cause order in response to the writ petition filed against the Commission of Inquiry on September 7 and 24.

A division bench of Acting Chief Justice Hari Prasad Phuyal and Justice Abdul Aziz Musalman issued the order on Monday.

“It appears in the written reply of the chairperson or members of the inquiry commission formed on 2082/6/5 as to what, for what purpose and intention the views of the persons submitted along with the application have been made public, and it appears that the Commission of Inquiry has been formed in accordance with Section 3 (2) of the Inquiry Commission Act, 2026,” the order reads, “In view of the nature and jurisdiction of the petitioner of the Commission of Inquiry, if the office-bearers of the Commission have expressed their opinion in advance on the matter to be investigated, then the application and exercise of Article 20(9) of the Constitution will be made public.” It is necessary to formulate an opinion on what is the effect on the relationship and whether the principle of prejudice is attracted to the fact that any investigation, inquiry and administrative or judicial nature is expressed in accordance with the principles of natural justice. ’

The writ petition filed by Bipin Dhakal against the commission, naming even the Office of the Prime Minister and Council of Ministers, Singha Durbar, as the defendant, states that it is prejudiced and not neutral on the subject.

The order reads, “In view of the fact that the court has submitted a submissions before the bench regarding whether to issue an interim order or not, the matter sought for the interim order has to be resolved through a full hearing. ’

The writ petition was filed against the chairman of the commission Gauri Bahadur Karki and members Bigyan Raj Sharma and Bishweshwar Prasad Bhandari.

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