On Wednesday, SC revoked a writ appeal that claimed the Bilateral Investment Promotion and Protection Agreement (BIPPA) signed within Nepal and India on October 21, 2011, while the state visit of then Prime Minister Baburam Bhattarai.
A five-member legal bench headed by Chief Justice Cholendra SJB Rana and justices Deepak Kumar Karki, Kedar Prasad Chalise, Mira Khadka, and Hari Krishna Karki quashed the petition on the ground that the Indian government itself has previously denied the deal.
“The petition was quashed because the government attorney submitted a letter received from the Indian side through diplomatic channels stating that the government of India has already revoked the agreement,” senior advocate Balkrishna Neupane stated.
The government proposed the report to the bench. The government lawyer also said that the government of India has barred related agreements with 68 countries so the bench chose to revoke the petition indicating that there was no need to act on the irrelevant matter.
On October 30, 2011, a Public Interest Litigation (PIL) was registered by Neupane directing the apex court’s mediation for the cancellation of the contract.
The petitioner had then alleged that several terms of the agreement were on the independence and honor of Nepal and hence asked the apex court to mediate.
The petitioner had alleged that Article 1(E) of the agreement weakened the airspace rights of Nepal by the restricted interpretation of airspace rights of Nepal in violation of Article 4 of the constitution.
The petition also stated that Indian companies in Nepal could select employees from India against Article 12 (3)(f) of the law and Section 4(A) of the Labour Act, 1991.
The petitioner declared that the agreement undermined the fundamental rights of Nepali people.
Saying that BIPPA has long-term and wide-ranging influences on Nepal’s support and government and the integrity of the nation, the petitioner alleged that the then government did not have the right to approve such contract without the permission of the two-thirds majority of the parliament.