Lawyers question king's constitutionality in court

Kathmandu, Aug 9 - An executive king is subject to criticism of any sort and cannot demand immunity from such criticism, lawyers argued here Monday in course of their pleading on behalf of student leader Gagan Kumar Thapa at the Special Court.
They also questioned the constitutionality of King Gyanendra as chairman of the Council of Ministers after the February One takeover.
"The king who is assuming the post unrecognized by the Constitution, should be ready to face any criticism of the people. It is natural to see slogans, protests against the king who is the head of the Council of Ministers," Nepal Bar Association president Shambhu Thapa argued before judges hearing the case of Gagan at the Special Court.
This is the first time a debate over the constitutionality of the king has been raised in a court of law in the country.
"It is the inborn right of people to chant slogans against an executive king. Gagan exercised his inborn rights by chanting slogans against an executive king. If he [the king] wants no criticism against him, he should remain a constitutional one and demand respect for his immunity," he said pleading Gagan's innocence.
Popular student leader Gagan has been in detention since July 26 on charge of sedition for chanting "objectionable slogans against the king" during a demonstration organized by civil society on July 24. The court extended his detention by five days today and ordered the authorities to reach a conclusion within the deadline whether a case should be filed against Gagan.
Another advocate Subash Nemwang argued in the same vein. "His Majesty, according to the Constitution of 1990, is an institution, not an executive. "The Constitution allows chanting of any slogan against the king who assumes the executive power of a prime minister."
Lawyers Sher Bahadur KC, Raju Katuwal and Pushpa Bhusal pleading on behalf of Gagan accused the authorities of lengthening investigation into the charge against the student leader. Their argument was that the authorities did not have any reason to protract the investigation. Government lawyer Ramesh Raj Pokhrel could not specify reasons behind his demand for extension of Gagan's judicial detention.