Petition filed asking removal of PM from the post on Giribandhu Tea Estate case

A contempt of court petition has been filed against the non-implementation of the Supreme Court’s verdict regarding the much publicized Giri Bandhu Tea Estate land grab case.

Advocate Omprakash Aryal filed a petition with the apex court, accusing Prime Minister K.P. Sharma Oli and the Minister for Land Management of contempt of court for failing to implement the apex court ruling in the land grab scam.

The SC had ruled that land belonging to Giri Bandhu Tea Estate Pvt Ltd, which exceeds the land limit and is not being used for tea industry purposes, should be acquired by the Government of Nepal, as per the Land Act 2021 BS. The petition alleges that the process to transfer the land into the government’s name has not been initiated.

The Supreme Court received on Monday a contempt of court petition against Prime Minister KP Sharma Oli and Minister for Land Management Balram Adhikari, among others, for their alleged involvement in the non-implementation of the apex court order in the Giribandhu tea estate-related case, according to court sources. In the petition, filed under Supreme Court Rules, 2017, Aryal seeks action for the non-execution of a verdict issued by the Constitutional Bench of the Supreme Court in February 2024, regarding the illegal use of land exceeding prescribed ceiling. The verdict instructed the Nepal Government to reclaim land exceeding the ceiling, identified as unutilised or lying barren, in the name of the state.

The case revolves around the lands of Giribandhu Tea Estate, which were found to have been misused for purposes other than specified. Despite repeated directives, the land has not been transferred to the government, as per the court’s verdict.

In the petition, Aryal claims that since the ruling was passed, Prime Minister Oli, and Minister Adhikari, have obstructed the implementation of the decision for over seven months. Further, in mid January last year, an ordinance was issued through the Office of the President to bypass the ruling, preventing the execution of the verdict.

Aryal argues that such actions, led by top government officials, not only violate constitutional norms but also challenge the authority of the judiciary. He claims the obstruction of the Supreme Court’s orders is a direct affront to the rule of law and an act of contempt.

In the petition Aryal also asked to relieve the Prime Minister from his position in the contempt of court charges. The hearing on the case is scheduled for Sunday, February 16.