Contempt of Court Case Filed Against PM Oli Over Land Ordinance

A contempt of court case has been filed against Prime Minister KP Sharma Oli and Minister for Land Management Balram Adhikari, accusing them of obstructing the implementation of a Supreme Court order by introducing a land-related ordinance.

Advocate Om Prakash Aryal submitted the petition to the Supreme Court, which has registered the case and scheduled a hearing for February 16. Aryal alleges that Prime Minister Oli has continuously hindered the enforcement of a ruling issued by the Supreme Court’s Constitutional Bench on Magh 24 last year.

The Supreme Court’s verdict had directed the government to acquire land exceeding legal limits, particularly land not used for its designated purpose, misused, or left barren. This included land owned by Giribandhu Tea Estate Pvt. Ltd. in Jhapa, which was deemed in excess of the legal limit and not utilized for tea production. The court had mandated that the government reclaim such land in accordance with the Land Act, 2021.

However, Advocate Aryal claims that instead of enforcing the ruling, PM Oli and Minister Adhikari have actively obstructed it. He alleges that they introduced an ordinance, approved by the President on 2081.10.2, to bypass the court’s mandate and facilitate private transfers of land that should have been returned to the government.

The petition states that for at least the past seven months, the Supreme Court’s directive has been deliberately ignored. With direct involvement from the Prime Minister and the Minister of Land Management, a fraudulent ordinance has been issued to further obstruct the ruling. The government is accused of disobeying the court’s order by allowing private transfers of land meant to be nationalized, abusing executive power to undermine judicial rulings, and compromising the rule of law by blocking legal processes to reclaim the disputed land.

Aryal argues that such actions erode constitutional morality, jeopardizing the independence of the judiciary and democratic principles. He demands that those responsible be removed from office to prevent further impunity.

The case falls under Section 17(1) of the Administration of Justice Act, 2073 BS, which allows the Supreme Court to take action against violators of its orders. If found guilty, the defendants could face up to one year in prison, a fine of Rs 10,000, or both, as per Section 17(4). Additionally, Rule 59 of the Supreme Court Rules, 2074 BS, permits the court to issue interim orders restricting specific actions until a final decision is made.

Advocate Aryal, who also serves as President of the Constitutional Lawyers Forum, has previously been involved in legal proceedings concerning Giribandhu Tea Estate’s land exemption case.