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Nepal
Court Proceedings:2021
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Date
Incidents
January - 4 
The Supreme Court on January 4 issued a show cause notice to the Office of the Prime Minister and the Council of Ministers seeking an explanation on the recent expansion of the cabinet, reports The Himalayan Times. The apex court asked the Government to furnish its reasons for inducting new Minister
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The Supreme Court on January 4 issued a show cause notice to the Office of the Prime Minister and the Council of Ministers seeking an explanation on the recent expansion of the cabinet, reports The Himalayan Times. The apex court asked the Government to furnish its reasons for inducting new Ministers to the cabinet even after the dissolution of House of Representatives. A single bench of Justice Anil Kumar Sinha issued the order and scheduled the next hearing on January 12. On December 25, 2020, five days after recommending dissolution of House of Representatives, Prime Minister KP Sharma Oli had inducted new members into his cabinet.
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January - 21 
The Supreme Court on January 21 asked for the notice of dissolution of the House of Representatives (HoR) published in Nepal Gazette, reports Republica. Chief Justice Cholendra Shumsher JBR, during the hearing on the writ petitions at the Constitutional Bench, wanted to get the House dissolution not
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The Supreme Court on January 21 asked for the notice of dissolution of the House of Representatives (HoR) published in Nepal Gazette, reports Republica. Chief Justice Cholendra Shumsher JBR, during the hearing on the writ petitions at the Constitutional Bench, wanted to get the House dissolution notice, which was published in the gazette, after President Bidya Devi Bhandari endorsed the recommendation of Prime Minister Oli on December 20, 2020.
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January - 28 
The Supreme Court (SC) on January 28 issued an order seeking written response from Prime Minister KP Sharma Oli, within a week, on contempt of court case, reports The Himalayan Times. A single bench of Justice Dr Manoj Sharma issued the order, "Submit the written response explaining all details by
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The Supreme Court (SC) on January 28 issued an order seeking written response from Prime Minister KP Sharma Oli, within a week, on contempt of court case, reports The Himalayan Times. A single bench of Justice Dr Manoj Sharma issued the order, "Submit the written response explaining all details by yourself (PM) within a week after you receive the letter from SC."
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January - 28 
The Supreme Court (SC) has ordered to produce ‘western command in-charge’ of Netra Bikram Chand-led Communist Party of Nepal-Maoist (CPN-Maoist-Chand) Dhamendra Bastola alias Kanchan before the court within 24 hours, reports Khabarhub. Hearing a habeas corpus petition filed at the apex arguing his a
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The Supreme Court (SC) has ordered to produce ‘western command in-charge’ of Netra Bikram Chand-led Communist Party of Nepal-Maoist (CPN-Maoist-Chand) Dhamendra Bastola alias Kanchan before the court within 24 hours, reports Khabarhub. Hearing a habeas corpus petition filed at the apex arguing his arrest to be illegal, a single bench of Justice Manoj Sharma made the order. Bastola was arrested from Gimdi of Lalitpur District on January 12.
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February - 1 
Attorney General Agni Prasad Kharel on February 1 defended Prime Minister (PM) KP Sharma Oli's move dissolving the House of Representatives (HoR), .reports The Himalayan Times. Pleading before the Constitutional Bench of the Supreme Court, Kharel said that apart from Article 76 (7), the phrase 'diss
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Attorney General Agni Prasad Kharel on February 1 defended Prime Minister (PM) KP Sharma Oli's move dissolving the House of Representatives (HoR), .reports The Himalayan Times. Pleading before the Constitutional Bench of the Supreme Court, Kharel said that apart from Article 76 (7), the phrase 'dissolution of the HoR' had been mentioned in other independent clauses including articles 85, 111 (10), and 273 (8) that meant that the PM had the power to dissolve the HoR. Kharel said Article 76 (7) had the word 'or' which meant that the sitting PM could dissolve the HoR if there was no possibility of forming an alternative government. He said the sitting PM was not obliged to seek a confidence vote.
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February - 7 
The Supreme Court on February 7 issued a show cause notice in response to the writ petition filed by Speaker of the House of Representatives Agni Prasad Sapkota against the appointments made recently at various constitutional commissions, reports Kathmandu Post.A single bench of Justice Prakash Kuma
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The Supreme Court on February 7 issued a show cause notice in response to the writ petition filed by Speaker of the House of Representatives Agni Prasad Sapkota against the appointments made recently at various constitutional commissions, reports Kathmandu Post.A single bench of Justice Prakash Kumar Dhungana issued the notice in the name of defendants - the President, the Prime Minister, Chief Justice Cholendra Shumsher Rana, the office of the Constitutional Council, and chairman of the National Assembly.Speaker Sapkota had moved the Supreme Court on February 5 demanding a writ against the appointments claiming that they were made in violation of the constitutional provisions.The Constitutional Council had recommended 38 people on December 15, 2020, for appointment to various commissions. Of them, two had refused their nominations while four were unqualified for the post.Chief Justice Rana administered the oath to 32 appointees at the President's Office on February 3.
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February - 22 
Police on February 22 rearrested Dharmendra Bastola, the Secretariat Member of the outlawed Netra Bikram Chand-led Communist Party of Nepal-Maoist (CPN-Maoist-Chand) even as the Supreme Court (SC) ordered the Government to release him unconditionally. Police arrested Bastola shortly after he exited
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Police on February 22 rearrested Dharmendra Bastola, the Secretariat Member of the outlawed Netra Bikram Chand-led Communist Party of Nepal-Maoist (CPN-Maoist-Chand) even as the Supreme Court (SC) ordered the Government to release him unconditionally. Police arrested Bastola shortly after he exited the main entrance of the SC. Bastola has been kept in custody at the Metropolitan Police Range Office, Singh Durbar since he was arrested from Lalitpur on January 13. The apex court’s order to release Bastola comes in the wake of the Chand-led Maoist party expressing its readiness to sit for talks with the Government. The outlawed group has asked the Government to create a conducive environment for the talks.
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February - 23 
The constitutional bench of the Supreme Court (SC), in a landmark verdict on February 23, reinstated the House of Representatives (HoR), invalidating the Government's December 20, 2020 decision to dissolve the Lower House of Parliament, reports The Himalayan Times. The SC ordered the Government to c
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The constitutional bench of the Supreme Court (SC), in a landmark verdict on February 23, reinstated the House of Representatives (HoR), invalidating the Government's December 20, 2020 decision to dissolve the Lower House of Parliament, reports The Himalayan Times. The SC ordered the Government to call the new session of the Parliament within 13 days.The apex court termed the Prime Minister KP Sharma Oli's decision to dissolve the HoR unconstitutional and invalidated all the decisions related to the dissolution of HoR from the beginning.
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March - 7 
The Supreme Court (SC) on March 7 invalidated the unification between the erstwhile Communist Party of Nepal-Unified Marxist–Leninist (CPN-UML) led by KP Sharma Oli and Communist Party of Nepal-Maoist Centre (CPN-Maoist Centre) led by Pushpa Kamal Dahal that took place in 2018, reports Republica. A
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The Supreme Court (SC) on March 7 invalidated the unification between the erstwhile Communist Party of Nepal-Unified Marxist–Leninist (CPN-UML) led by KP Sharma Oli and Communist Party of Nepal-Maoist Centre (CPN-Maoist Centre) led by Pushpa Kamal Dahal that took place in 2018, reports Republica. A joint bench of justices Kumar Regmi and Bam Kumar Shrestha issued the verdict giving authenticity of the Nepal Communist Party (NCP) to Rishi Kattel, who had registered the party at the Election Commission (EC) in his name prior to the formation of Nepal Communist Party (NCP) led by Oli and Dahal. The apex court has ruled that the existence of CPN-UML and CPN-Maoist Center now exist as they existed prior to the formation of the NCP. The two parties had announced unification on May 17, 2018. With the apex court’s verdict, the NCP’s 174 seats in Parliament will now be divided based on the number of seats won by the CPN-UML and CPN-Maoist Center prior to their merger into the NCP after the parliamentary election in 2017.
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April - 1 
The Supreme Court on April 1 refused to review its March 7 verdict to revive the Communist Party of Nepal-Unified Marxist–Leninist (CPN-UML) and Communist Party of Nepal-Maoist Centre (CPN-Maoist Center), reports Republica. A full court comprising Chief Justice Cholendra Shumsher JBR, Justices Tej
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The Supreme Court on April 1 refused to review its March 7 verdict to revive the Communist Party of Nepal-Unified Marxist–Leninist (CPN-UML) and Communist Party of Nepal-Maoist Centre (CPN-Maoist Center), reports Republica. A full court comprising Chief Justice Cholendra Shumsher JBR, Justices Tej Bahadur KC and Prakash Kumar Dhungana ordered that its verdict on March 7 will not be reviewed as demanded by the Chairman of CPN-Maoist Center, Pushpa Kamal Dahal. The apex court had scrapped the Nepal Communist Party (NCP) registered in the name of KP Sharma Oli and Pushpa Kamal Dahal, giving the party to little-known Rishi Kattel who had registered Nepal Communist Party at the Election Commission much before the Nepal Communist Party (NCP) was registered in the names of Oli and Dahal in May 2018. Dahal, earlier on March 30, filed a review petition against the Supreme Court verdict that invalidated the unification between the erstwhile CPN-UML and CPN-Maoist Center.
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April - 26 
The Supreme Court (SC) on April 26 refused to issue stay order in the case filed by Communist Party of Nepal-Unified Marxist–Leninist (CPN-UML) leader Madhav Kumar Nepal and three other leaders of his faction of the CPN-UML against KP Sharma Oli's action, reports The Himalayan Times. Bhim Bahadur Ra
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The Supreme Court (SC) on April 26 refused to issue stay order in the case filed by Communist Party of Nepal-Unified Marxist–Leninist (CPN-UML) leader Madhav Kumar Nepal and three other leaders of his faction of the CPN-UML against KP Sharma Oli's action, reports The Himalayan Times. Bhim Bahadur Rawal, Ghanashyam Bhusal and Surendra Prasad Pandey had challenged party Chair and Prime Minister KP Sharma Oli's punitive actions against their factional activities. Nepal, Rawal, Bhusal, and Pandey, who face the risk of being removed from the House of Representatives for their alleged anti-party activities, had filed a writ petition at the apex court seeking annulment of punitive action taken against initiated by Oli. The petitioners had urged the court to prevent Oli from taking any action against them as per the Political Party Act, including his decision to remove them from the party as that could consequently lead to their removal from the House of Representatives. A single bench of Justice Prakash Kumar Dhungana issued a show cause notice to PM Oli and other defendants, but refused to issue an interim order saying that just because these leaders were asked by the party chair to furnish explanation, that did not present a basis for the court to issue an interim order. The court said that issues such as whether the explanation letter issued by the party chair was in conformity with the rules, and whether the party chair could take action against them should be settled in the final hearing as per Section 28 and 32 of the Political Party Act and overall principles of political parties. SC's refusal to issue interim order in the case means party Chair and PM Oli has no hurdle, at least for now, in taking further punitive actions against the rival faction. The court has listed the case for priority hearing saying there is urgency to settle the case soon.
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June - 10 
The Supreme Court (SC) on June 10 stayed the implementation of the Citizenship Act Amendment Ordinance, dashing hopes of thousands of eligible citizens who have not been able to obtain their citizenship due to lack of a new federal law, reports The Himalayan Times. The ordinance is aimed at providin
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The Supreme Court (SC) on June 10 stayed the implementation of the Citizenship Act Amendment Ordinance, dashing hopes of thousands of eligible citizens who have not been able to obtain their citizenship due to lack of a new federal law, reports The Himalayan Times. The ordinance is aimed at providing citizenship to children of citizens by birth and children of Nepali mothers whose fathers cannot be traced. Prime Minister KP Sharma Oli led Government had issued the ordinance on May 22, a day after dissolving the House of Representatives (HoR) and declaring mid-term polls. The PM's move of bringing ordinance was aimed at wooing the Mahantha Thakur-Rajendra Mahato faction of the Janata Samajbadi Party-Nepal (JSP-N). Leaders of the faction later joined Oli's Government.
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June - 22 
Supreme Court (SC) on June 22, quashed appointments of 20 Ministers including 17 Ministers and three Ministers of State citing Article 77 (3) of the Constitution, reports Kathmandu Post. “The appointments of June 4 and 10 by the President on the recommendation of the Cabinet are against the intent a
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Supreme Court (SC) on June 22, quashed appointments of 20 Ministers including 17 Ministers and three Ministers of State citing Article 77 (3) of the Constitution, reports Kathmandu Post. “The appointments of June 4 and 10 by the President on the recommendation of the Cabinet are against the intent and spirit of the constitution. An interim order has been issued not to allow the ministers to perform their duties until the case is finalized,” states the Supreme Court order. Prime Minister KP Sharma Oli on June 4 appointed 10 Ministers and two State Ministers. On June 10, he gave full shape to the Council of Ministers by adding seven Ministers and one State Minister.
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July - 12 
The Supreme Court (SC) on July 12 invalidated the Government's May 22 decision to dissolve the House of Representatives (HoR) and reinstated the Lower House, reports The Himalayan Times. Releasing the full text of HoR dissolution case verdict, the five-member constitutional bench led by Chief Justi
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The Supreme Court (SC) on July 12 invalidated the Government's May 22 decision to dissolve the House of Representatives (HoR) and reinstated the Lower House, reports The Himalayan Times. Releasing the full text of HoR dissolution case verdict, the five-member constitutional bench led by Chief Justice Cholendra Shumsher Rana ordered the Government to call the HoR session within a week. The court also ordered the President's Office to appoint Nepali Congress (NC) President Sher Bahadur Deuba the next Prime Minister under Article 76 (5) within two days.
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July - 15 
The Supreme Court (SC) on July 15 ordered the Government to immediately release Netra Bikram Chand-led Communist Party of Nepal-Maoist (CPN-Maoist-Chand) leader Hemanta Prakash Oli, reports Khabarhub. A joint bench of Justices Prakash Kumar Dhungana and Manoj Kumar Sharma ordered Oli’s release. Oli
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The Supreme Court (SC) on July 15 ordered the Government to immediately release Netra Bikram Chand-led Communist Party of Nepal-Maoist (CPN-Maoist-Chand) leader Hemanta Prakash Oli, reports Khabarhub. A joint bench of Justices Prakash Kumar Dhungana and Manoj Kumar Sharma ordered Oli’s release. Oli and eight others were arrested on Mar 23, 2019, for carrying out explosion in front of Ncell office in Lalitpur District on February 22, 2019, in which one person was killed while two others were injured.
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August - 2 
The Supreme Court (SC) on August 2 refused to issue an interim order in the case filed by four former lawmakers representing the Communist Party of Nepal-Maoist Centre (CPN-Maoist Centre) who had joined the KP Sharma Oli Government, reports The Himalayan Times. Top Bahadur Rayamajhi, Lekh Raj Bhatta
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The Supreme Court (SC) on August 2 refused to issue an interim order in the case filed by four former lawmakers representing the Communist Party of Nepal-Maoist Centre (CPN-Maoist Centre) who had joined the KP Sharma Oli Government, reports The Himalayan Times. Top Bahadur Rayamajhi, Lekh Raj Bhatta, Prabhu Sah, and Gauri Shankar Chaudhary had filed a writ petition at the SC on July 28 demanding reinstatement of their House of Representatives seats that they had lost after the CPN-Maoist Centre took disciplinary action against them for defecting to the Communist Party of Nepal-Unified Marxist-Leninist (CPN-UML).
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August - 16 
The Supreme Court (SC) on August 16 upheld the decision of the Election Commission (EC) and given the official recognition of Janata Samajbadi Party-Nepal (JSP-N) to Upendra Yadav, reports Republica. Refusing to issue an interim order in the case of leader Mahanta Thakur, the apex court has recogni
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The Supreme Court (SC) on August 16 upheld the decision of the Election Commission (EC) and given the official recognition of Janata Samajbadi Party-Nepal (JSP-N) to Upendra Yadav, reports Republica. Refusing to issue an interim order in the case of leader Mahanta Thakur, the apex court has recognized the decision of the election body to recognize the Upendra Yadav-led faction of JSP-N as the official party. A joint bench of Justices Deepak Kumar Karki and Ananda Mohan Bhattarai ruled in favour of the EC in a writ petition filed by the Mahanta Thakur-led faction of the JSP-N. Considering the vote expressed by the majority members of the party, the apex court stated that an interim order should be issued as the EC decided on the party's authenticity on July 26, 2021.
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September - 24 
The Supreme Court (SC) on September 24 refused to issue an interim order on the writs demanding annulment of the ordinance to amend the Political Parties Act-2017, clearing the way for Madhav Nepal’s Communist Party of Nepal-Unified Socialist (CPN-Unified Socialist) to join the Government, reports
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The Supreme Court (SC) on September 24 refused to issue an interim order on the writs demanding annulment of the ordinance to amend the Political Parties Act-2017, clearing the way for Madhav Nepal’s Communist Party of Nepal-Unified Socialist (CPN-Unified Socialist) to join the Government, reports Republica. The Constitutional Bench led by Chief Justice Cholendra SJB Rana issued a show cause order refusing to issue an interim order. With this order of the apex court, the ordinance on party division has got continuity.
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