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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