The Supreme Court has dismissed a petition filed against the long-term power trade agreement between Nepal and India.
According to SC spokesperson Achyut Kuinkel, a full bench of Chief Justice Prakash Man Singh Raut, and Justices Sapana Pradhan Malla and Mahesh Sharma Paudel dismissed the petition on Tuesday.
The apex court’s decision has paved the way for power trade with India.
Kuinkel said that the court has also issued a directive order but that he has not received the order yet.
Surya Nath Upadhyaya, former chief of the Commission for the Investigation of Abuse of Authority (CIAA), had filed a writ petition against the power trade agreement on February 5.
He had made the Office of the Prime Minister and Council of Ministers; Ministry of Energy, Water Resources and Irrigation; Ministry of Foreign Affairs; Ministry of Finance; and Ministry of Law, Justice and Parliamentary Affairs defendants in his petition.
Nepal and India had signed a long-term power trade agreement on January 4 during Indian External Affairs Minister S Jaishankar’s Nepal visit. As per the agreement, Nepal will export 10,000 MW of electricity to India over 10 years.
On September 5, 2023, India’s Cabinet had decided to purchase 10,000 MW of electricity from Nepal.
Upadhyaya had said in his petition that the agreement was against Article 279 of the Constitution and against the long-term interests of the country.
The apex court had also invited amicus curiae to argue on behalf of both sides in the case. The Nepal Bar Association had sent Senior Advocate Kedar Karki and the Supreme Court Bar Association had sent Advocate Semanta Dahal as amicus curiae.
