Senior advocate Satish Krishna Kharel, who is part of the Amicus Curiae to help the Supreme Court (SC), has advised revocation of the dissolution of the House of Representatives (HoR) pointing that the Constitution does not grant the right to dissolve the House to the prime minister (PM).
Kharel, who pleaded for almost one and half hours Wednesday after senior advocate Badri Bahadur Karki, also part of the Amicus Curiae, argued on Tuesday, advised the constitutional bench to revoke the dissolution.
"There may be weaknesses at many places of this Constitution but there are also possibilities. Those like us who are close to the power are pained seeing the rights given by this Constitution to the backward people. This class will be happy if the Constitution were destroyed. But there is no alternative to revoking the dissolution if we say that this Constitution can still function," Kharel opined.
"If not, and we feel that this system is on the brink of collapse and want to give a small tremor, it can be endorsed by saying dissolution is privilege of the PM," Kharel added referring to a poem by Bhawani Ghimire 30 years back about a house that has cracks from the inside and is waiting for a small earthquake.
The Amicus Curiae, which will advise the SC on the case, started to make arguments Tuesday after pleading by the petitioners and defendants on the writ petitions finished on Monday.
The Amicus Curiae for this case comprises senior advocates Badri Bahadur Karki, Satish Krishna Kharel, Bijaya Kant Mainali, Purna Man Shakya and Geeta Pathak.
The five-strong constitutional bench led by Chief Justice (CJ) Cholendra Shumsher Rana has been conducting continuous hearing in the case. The bench will give its verdict after completion of the pleading by the Amicus Curiae.
