The writ petition against MCC nullified by supreme court

  • नेपाल राष्ट्रिय दैनिक
  • February 22, 2022

The supreme court has nullified a writ petition demanding Parliament not to rule on the MCC.

Spokesperson of the Supreme Court Baburam Dahal said that the MCC has already been tabled in the parliament and it is a privilege of the parliament now.

Senior Advocate Surendra Bhandari had filed a writ petition against MCC in the Supreme Court on Monday. Bhandari’s writ petition sought an order to not decide on the MCC from parliament.

‘The MCC does not fall under the category of the agreement under international law. This is not a matter to be tabled in Parliament ‘, Bhandari’s writ states. Therefore, it cannot be approved by the parliament. ‘Even if it needs to be approved by the parliament, it is demanded that it should be done only with reservations as per the 1969 Vienna Convention on Deadly Provisions.

The word “majority” of the members present in the Legislature-Parliament in Article 4 of the Nepal Treaty Act 2047 BS means majority of the total number of members not present in the meeting too. Therefore, it has been said that only a few parliamentarians who support the Congress and MCC should not be present in the parliament and pass.

Similarly, MPs have been asked not to whip while deciding on MCC.

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