Chairman of the Dahal-Nepal faction of CPN Pushpa Kamal Dahal has argued that he just informed the people about the bad intention of the executive and its unconstitutional step of House dissolution, and claimed that does not constitute contempt of court.
A bench of Justice Manoj Kumar Sharma hearing the case filed by advocate Samir Hayu over Dahal's statement in a mass rally at Biratnagar had ordered Dahal on February 3 to produce himself before the court within seven days excluding time for conveyance.
Dahal has contended in the written response that he submitted to the Supreme Court (SC) in person on Sunday that the claims of advocate Hayu are false.
"The fact that lawmakers of our party came to the constitutional court accepting the constitutional provision mentioned in points 3 and 4 by the applicant is clear. It is simple human nature for every citizen to hope for victory in one's case. To remember such things and express them is the right of the parties to a case. But to prohibit expression of such things or to put hope or confidence is not in accordance to jurisprudence. I and my party should not defy or violate the verdict. It is also normal for the parties to a case to express satisfaction or dissatisfaction on verdict," Dahal has argued in his written response.
Dahal had said that the Dahal-Nepal faction of CPN had remained patient believing that the SC will give the right verdict in the case against House dissolution while addressing the rally in Biratnagar on January 29. "We have waited patiently with confidence that the SC will do in accordance to the spirit of the Constitution, democracy, and the feeling and necessity of the country's people," Dahal had stated.
"If the needs arise, I say this in Biratnagar today. The country can listen, we will convene House meeting if the need arises and punish these criminals. The Constitution has granted the rights to us to convene the House meeting. It has not granted authority to KP Oli to dissolve the House."
"Using the rights granted by the Constitution, speaker can convene the House meeting to correct the unconstitutional and undemocratic step of KP Oli. We can attend the meeting and go as far as punishing Oli. But what I say is we are confident that the SC will give the right verdict. The meeting has not been convened as we are confident that the SC will give the right verdict. The Nepali people have that option if necessary."
Hayu had filed the contempt of court case against Dahal for speaking on the case that was being heard by the constitutional bench of SC.
The SC had also ordered Prime Minister (PM) KP Sharma Oli, four former chief justices (CJ) and former speaker Daman Nath Dhungana to come to the court and furnish written response in the contempt of court cases against them.
A single bench of Jutstice Manoj Kumar Sharma hearing different contempt of court cases against the six on January 28 ordered PM Oli, former CJs Min Bahadur Rayamajhi, Anup Raj Sharma, Kalyan Shrestha and Sushila Karki, and Dhungana to appear before the court in the contempt of court cases related to their statements about the then sub judice case of House dissolution.
The four former CJs and PM Oli have already gone to the SC and submitted their written response.
