The Supreme Court (SC) of Nepal has requested amicus curiae from the Nepal Bar Association and the Supreme Court Bar Association to discuss the interim order on the long-term electricity trade agreement with India.
The court has asked the Nepal Bar Association and the Supreme Bar Association to send 11 senior advocates or advocates as amicus curiae to discuss the constitutional and legal questions contained in the writ.
A single bench of Supreme Court Justice Nahakul Subedi on January 30 issued this order in a writ filed by Suryanath Upadhyaya, the former secretary of the Government of Nepal and the former chief commissioner for the Commission for the Investigation of Abuse of Authority.
Petitioner Upadhyaya in the writ petition has demanded a stay order on the implementation of the long-term power trade deal sealed during the Indian Foreign Minister S. Jaishankar’s Nepal visit.
The apex court has set the February 6 date for discussion on the interim order.
“The long-term electricity trade agreement signed between the Government of Nepal and India on January 4, 2024, includes not only the issue of electricity trade, but also the use and distribution of natural resources in accordance with Article 279 of the Constitution of Nepal, such as investing in hydropower generation and electricity transmission infrastructure,” reads the petition.
Given the nature and seriousness of the matter, the court has slated February 6, 2024 for discussions on whether the stay order on the writ be suitable. The bench of Justice Subedi also issued a show cause order to the government and gave a 15-day deadline for a written response.
In the writ, the Office of the Prime Minister and the Council of Ministers, the Ministry of Energy, Water Resources and Irrigation, the Ministry of Foreign Affairs, the Ministry of Finance and the Ministry of Law, Justice and Parliamentary Order have been mentioned as defendants.
