KATHMANDU, Dec 22: A contempt case has been registered in the Supreme Court (SC) against Prime Minister Pushpa Kamal Dahal and other ministers for not implementing the judgment of the SC.
The contempt of court case has been filed due to the non-implementation of the mandamus order of the SC, which directed the government to create a separate law to adapt and mitigate climate change. Advocate Padam Bahadur Shrestha filed the petition against PM Dahal, Minister for Forests and Environment, the Minister for Law, Justice and Parliamentary Affairs, and the Chief of Climate Change Management Division.
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The Constitution itself has mentioned that everyone must follow the legal principles interpreted or rendered by the SC. Any judgment or order passed by the SC is binding on all bodies.
On December 25, 2018, the SC issued a mandamus to formulate a separate law regarding the adaptation and mitigation of climate change. The mandamus ordered that climate change is a critical issue requiring prompt attention, and a unified law related to climate change should be formulated and implemented as soon as possible.
A writ petition has been registered, demanding action in accordance with Article 128(4) of the Constitution of Nepal and Section 17(4) of the Administration of Justice Act 2073. This is done by summoning the opponents who disobeyed the court's order to appear before the court.
In contempt of court, the offender can be ordered to be imprisoned for up to one year or fined up to Rs 10,000 or both. The writ petition filed by Shrestha states, “Since the opponents have not implemented court verdict for years, which is tantamount to disobeying the SC’s decision, we request an order in the name of the opponents to immediately implement the decision, as the judgment has not been implemented till date.”
