Lawyers of Nepali Congress (NC) President Sher Bahadur have started to make counter arguments after the lawyers of defendants finished making their arguments with completion of pleading by Speaker Agni Sapkota's lawyers on Sunday.
Senior advocate Raman Shrestha started to make arguments countering those made by the lawyers of defendants.
Justice Ishwore Khatiwada put a few questions raised by the lawyers of defendants to Shrestha before he started making arguments.
Justice Khatiwada pointed that the documents submitted to President Bidya Devi Bhandari while staking claim for prime minister (PM) are not in in accordance to the rules and asked if one can stake claim by using documents where corrections have been made and correction fluid used.
He also asked the lawyers representing Deuba about their position on claims of the defense that the case is not of a kind that needs to be heard by the constitutional bench. "Defense has claimed that the way you have tried to use Article 76(5) of the Constitution takes it closer to party-less Panchayat regime. How to look at it (sic)?" he added.
He also asked the petitioners to respond to the arguments of defense that the court cannot appoint PM as there is a separate constitutional provision for that.
Chief Justice Cholendra Shumsher Rana then asked questions that he claimed are not based on the issues raised during the hearing but based on what he feels. "Looking at the interpretations made by democratic countries until now, where will the multiparty system defined by the Constitution reach through the way that petitioners have tried to become PM? Would the court enhance Constitution or take it backward if it issues order destroying the parties," CJ Rana asked.
