Court v. King

I wanted to share with you, a news concerning recent decision of the full bench led by , Hon. Senior Justice Kedar Prasad Giri. The pro-people decision came unexpectedly on Feb 12, in the regime of the autocratic regime of King Gyanendra which started from 2002, upon dissolution of the parliament. On February 1, 2005, through ‘The Royal Move’ illegitimate direct regime of the King was announced against the spirit of the constitution. UN, India, USA, UK and other nations have been regularly requesting the King to return the power to the people.

Supreme Court orders dissolution of RCCC; Former Prime Minister Deuba to be released

February 13, 2006, Kathmandu, Nepal

Announcing a landmark verdict, the Supreme Court (SC) on Monday ordered to scrap the controversial Royal Commission for Corruption Control (RCCC).

A five-member special bench of SC justices Kedar Prasad Giri, Min Bahadur Rayamajhi, Ram Nagina Singh, Anup Raj Sharma and Ram Prasad Shrestha decided to dissolve the RCCC formed after last year’s February 1 royal move.

The apex court said the formation of the anti-graft body was unconstitutional as it contradicted with Articles 83 (3), 84, 85, 88 (3), 89, 105 (7) and 127 of the Constitution of the Kingdom (1990).

The SC bench also ordered to annul all the actions and decisions taken by the Royal Commission. The apex court in its statement ordered the government to release former Prime Minister and Nepali Congress (Democratic) president Sher Bahaudur Deuba, who has been facing jail sentence since last April along with then physical planning minister Prakash Man Singh on charges of corruption in selecting construction contractors of the Melamchi Drinking Water Project.

The RCCC has also fined and slapped jail sentences to dozens of government officials and political leaders on charges of corruption.

Advocate Santosh Kumar Mahato had on 10th August 2005 filed a writ petition at the SC challenging the constitutionality of the commission. The court had heard arguments from the litigants and the government attorneys in different phases.

Meanwhile, law experts have maintained that the SC verdict has upheld the spirit of the constitution and that it has nixed the constitutionality of the February 1 royal move as such.

“The Supreme Court has given its verdict in favor of the constitution. Now the royal move itself has lost all constitutional excuses,” Nepal Bar Association (NBA) member Tika Ram Bhattrai commented talking to Nepalnews.

According to him, all those who faced actions from the RCCC are entitled to compensation. “The government should return the bail amounts and pay compensation to those who have been victims of an unconstitutional body,” he added.

Similarly, commenting on the SC verdict, advocate Satish Krishna Kharel said, “Today’s verdict has proved that the Supreme Court is a responsible interpreter of the constitution. The verdict is in favor of the constitution and the rule of law.”

Meanwhile, hearing on a habeas corpus writ petition filed by jailed PM Deuba is to taka place at the SC on Tuesday. Deuba’s attorneys said the court is expected to release him after a formal hearing on the basis of today’s verdict.



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