RCCC advises court not to poke its nose in royal decision
The Royal Commission for Corruption Control (RCCC) has advised the Supreme Court not to intervene in any question regarding its formation or its decision to jail former premier Sher Bahadur Deuba and former minister Prakash Man Singh, among others.
In response to a show cause notice issued by the apex court, the Commission said, “All the works executed by the king are purely political ones and such works related to state authority and exercise of sovereignty cannot be question in the court as per Article 31 of the Constitution,” RCCC Secretary Shambhu Bahadur Khadka said in his written replies submitted to the apex court on Monday.
A district court judge, Khadka was appointed Secretary to the RCCC after it was constituted early this year after the royal takeover.
The RCCC also claimed that the King had taken over power on February 1 due to several reasons and when the monarch decided to form the RCCC with a view to fight corruption, it was not a judicial matter to be taken up by the apex court, the RCCC said.
The RCCC further said that there was no need for intervention by the apex court for the release of Deuba and Singh through habeas corpus petitions. Advocates Binod Karki and Sarvagya Naya had filed separate petitions at the apex court questioning the constitutionality of the RCCC and legality of its decision to jail the Nepali Congress (Democratic) leaders.
Arrested five months ago, Deuba and Singh have been handed out two year jail term and a fine of Rs 90 million each by the RCCC by holding them ‘guilty’ while awarding contract of access road to the multi-million dollar under-construction Melamchi Water Supply Project.
Both Deuba and Singh have rejected charges of corruption aginst them and have filed separate appeals at the apex court against the RCCC verdict.
nepalnews.com by Sep 27 05
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