A contempt of court case has been registered at the Supreme Court (SC) against two Patan High Court judges.
The contempt petition was filed against Judges Rishi Rajbhandari and Gopal Prasad Bastola on Monday. The petition was moved by law student Vivek Chaudhary, and a hearing for the case has been scheduled for Wednesday.
The petition alleges that the Patan High Court committed contempt by failing to follow mandatory legal principles established by the SC while delivering a judgment. Chaudhary claims that despite clearly citing various legal precedents set by the SC in his original filing, the judges disregarded those principles in their ruling.
According to the petition, the issue stems from a case filed at the Patan High Court challenging the practice of "wheel-locking" vehicles by city police and traffic police. Chaudhary had argued that the practice was being carried out without a proper legal basis and sought its annulment.
The Patan High Court had upheld the use of wheel locks by traffic police saying it was based on the practical necessity of managing urban traffic with limited resources. However, the petitioner argues that such pragmatic considerations do not grant state authorities the right to act without explicit legislative backing.
By citing Article 128 (4) of the Constitution, the petitioner emphasizes that any legal principle or interpretation laid down by the SC is binding on all subordinate courts and government bodies.