The Supreme Court today declined to issue a stay order on the implementation of the controversial media ordinance. It also refused to continue the interlocutory stay order issued on October 27 ordering the government not to take further action against Kantipur FM.
The court ruled there was no ground to issue a stay order in the case filed by Kantipur FM and others. A special bench of Chief Justice Dilip Kumar Paudel and Justices Kedar Prasad Giri and Sharada Prasad Pundit issued the judgment after an eight-day hearing on three separate cases challenging the Ordinance and the action against Kantipur FM. The court said the questions raised during the hearing on the constitutionality of the Media Ordinance would be settled in the final decision of the cases.
The bench was responding to petitions filed by Managing Director of the Kantipur FM, Binod Raj Gyawali, professional organisations including the Nepal Bar Association and advocates Ravi Raj Bhandari and Kahar Singh Khadka challenging the Ordinance separately. On October 26, the government charged Kantipur FM with airing news illegally and asked the FM to state reasons why its licence should not be cancelled.
An emergency meeting of the Nepal Bar Association strongly condemned the judgment and accused the court of failing to protect the Constitution and the rights of the people. It also announced a boycott of court proceedings across the country on November 16.
"Chief Justice Paudel and the Justices on the bench have to take responsibility of any kind of consequences arising out of the ruling," reads a press release issued by the NBA.
The lawyers’ body said the judgment has seriously raised questions regarding the independence of the Supreme Court. The Supreme Court Bar Association and other Bar units in Kathmandu Valley also announced a protest programme of wearing black bands on Sunday from 1 to 2 PM on the Supreme Court premises.
The Constitutional and Legal Journalists’ Forum (CLJF) also said that the order has failed to protect the spirit of the constitution and the freedom of speech and expression.
