National
Petition against MCC rejected; advocate challenges rejection
Supreme Court administration refuses to register the petition saying it has already been tabled in Parliament.Post Report
An advocate has filed a petition against the Supreme Court administration’s refusal to register an earlier petition demanding the Millennium Challenge Corporation-Nepal Compact should not be taken to Parliament for ratification.
Earlier on Tuesday morning, the Supreme Court administration refused to register the petition saying that MCC has already been tabled at Parliament and that the Supreme Court cannot speak on an issue that falls under the prerogative of Parliament.
Surendra Bhandari, the advocate, said he has challenged the Supreme Court administration's refusal to register his petition.
“I have demanded that the Supreme Court quash the administration’s earlier decision not to register my petition against MCC and my petition be registered,” Bhandari told the Post. “The decision of the court saying that it cannot speak on policy decisions of the government is flawed because it has spoken on many such issues.”
Bhandari had approached the court on Tuesday morning with a petition against the MCC compact, a day after it was tabled in Parliament.
“The Supreme Court refused to register two writ petitions against MCC saying that the Supreme Court cannot speak on an issue under consideration of the Parliament,” said Devendra Dhakal, information officer of the Supreme Court. “Another litigant is Bhadra Prasad Nepal.”
In his petition, Bhandari argued that Parliament should not ratify the MCC compact as it undermines the country’s constitutional supremacy.
Signed in September 2017, the MCC compact is a $500 million grant that Nepal will receive for building electricity transmission lines and improving roads. The project implementation, however, is subject to parliamentary ratification.
The grant agreement was tabled in Parliament in July 2019, but it ran into controversy, with some political parties opposing its ratification.
After weeks of confusion, the government on Sunday tabled the compact in Parliament amid pressure from the United States to ratify it before February 28.