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RCCC constitutional: Government attorneys

Defending the controversial Royal Commission for Corruption Control (RCCC), the government attorneys on Sunday said that the Commission was legal as it was formed using the King's prerogative.

They claimed that the King activated Article 127 of the 1990 Constitution to protect the nation, the Constitution and the people in the country and therefore the action cannot be tested.

Pleading before the special bench of the Supreme Court comprising acting Chief Justice Kedar Prasad Giri, Justices Min Bahadur Rayamajhi, Ram Nagina Singh, Anup Raj Sharma and Ram Prasad Shrestha, Deputy Attorney General Narendra Prasad Pathak argued that the King extended the RCCC's tenure when the royal anti-graft body's tenure ended with lifting of the state of emergency imposed on February 1.

"The King's action, which is his prerogative, cannot be tested by the apex court," he claimed. Pathak also argued that the SC can only test the constitutionality of any Law or Regulation issued under the Constitution but not the King's action which has been taken under Article 127 of the Constitution.

Another government attorney, Pushpa Raj Koirala, claimed that the order issued by the King under Article 127 of the constitution is 'a part of the constitution' and thus it cannot be tested by the SC.

Government joint attorney, Tika Bahadur Hamal, said the King had taken the February 1 step to protect the 1990 Constitution and for the welfare of the people under the royal prerogative and such a move cannot be examined by a court of law.

The government formed the controversial RCCC immediately after the February 1 royal takeover to look after corruption related cases. The RCCC has been detaining former Prime Minister Sher Bahadur Deuba and the then Minister for Physical planning and works Prakash Man Singh in corruption related case. nepalnews.com pb Nov 28 05