Wednesday, March 11, 2015

Court order for form of Madhesi commission

Unofficial Translation
The Supreme Court
Division bench of Honorable Justice Girish Chandra Lal and Dipak Raj Joshi

Writ 067-WO-0962

Case: A writ of Mandamus

Advocate Sunil Ranjan Singh------------------ Petitioner
Vs.
The Office of the Prime Minister and Council of Ministers, et al.--- Defendants

In this case, the bench heard the arguments of advocate Sunil Ranjan Singh Govind Sharma Bandi, Surendra Kumar Mahato and Dipendra Jha who pleaded on behalf of the petitioner. Similarly the bench also heard the arguments of Joint Government Attorney Kiran Paudel who pleaded on behalf of the defendants.  

As article 4 of the Interim Constitution of Nepal, 2007 clearly stipulates that Nepal is an independent, integrated sovereign, secular, inclusive and federal, democratic republican state, there can be no denying that government must make enough efforts to empower the marginalized communities of the country.

There can be no denying that the government should fulfill its obligation keeping in mind the preamble of the constitution which pledges to end problems existing in the country relating to class, ethnicity, region and gender; citizen's right to liberty as stipulated in Article 12; citizen's   right to equality as stipulated in Article 13, and citizen's rights to socio-economic justice as stipulated in Article 21 (of the Interim Constitution).

 The defendants have not been able to mention in there written replies that they have been able to achieve any substantial progress on these fronts neither has the government mentioned its commitment of making the country's indivisibility indisputable and trying its best to achieve inclusion, a prerequisite for democracy.

A writ of mandamus is issued in the name of the defendants including the government to form a commission and frame necessary laws in order to ensure empowerment of Madhesi and their right to equality keeping in mind the need for protecting the national integration, protecting the rights of all the citizens, the proviso of Article 13 (3) which validates positive discrimination and the provision of Article 154 of the constitution.
This short text of the order is being made available since writing full texts of the order can take some time. It is also notified that a minor typing error had occurred in the original order issued on March 9 that has been corrected under Rule 71 of Supreme Court Regulations, 1994 and this new order has been issued.  

Justice                                                                                     Justice
Dipak Raj Joshi                                                            Girish Chandara Lal

Date March 10, 2015


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