Mayor of Kathmandu Metropolitan City (KMC) Balen Shah has furnished written response to the Supreme Court (SC) in the contempt of court case registered against him.
He has filed the response through a legal official in the contempt of court case filed by advocate Deepak Raj Joshi, according to SC Spokesperson Bimal Paudel.
He has argued that the word, language and intention of his remarks do not dishonor the court, and he did not make the remarks with an intention to create distrust about the court or smear it. “I state with unwavering conviction that my faith, belief and expectations on the honorable court will always remain,” Shah’s written response estates.
He has argued that speaking about action of any body exercising the fundamental right of freedom of expression granted by the Constitution cannot be taken as contempt of court, and added that the judiciary will become stronger through constructive criticism.
A single bench of Justice Manoj Kumar Sharma on August 10 conducting first hearing on the petition filed by the hospital against the 24-hour ultimatum issued by the KMC on August 8 instructing the hospital to remove what it called the illegally constructed structures issued a short-term order instructing the local body to not immediately implement the ultimatum.
"We humbly request to amend the Constitution instead and grant the rights to take action against structures built without passing the map (design) and pass the map to the Supreme Court," Shah had posted on Facebook August 10 evening venting his ire over the Apex Court's intervention in what he considers is the KMC's jurisdiction.
Advocate Joshi had moved the SC deeming Shah’s comment to be contempt of court.
The private hospital has leased one ropani and eight annas of KMC land. The KMC alleged the hospital of building structures including canteen without taking permission and issued the 24-hour ultimatum to demolish the structures.
Norvic Chairman Rajendra Bahadur Singh holding a press conference on August 19 had said that the structures could not be removed immediately as oxygen, water and other essential items were being supplied through those structures and removing them would affect treatment of patients.
