Thursday, August 11, 2005

SC entertains PIL questioning RCCC's constitutionality

Kathmandu, Aug 11 - The Supreme Court (SC) administration, has finally accepted a public interest litigation (PIL) questioning the constitutionality of the controversial Royal Commission for Corruption Control (RCCC).
The court administration had been rejecting writ petitions questioning the constitutionality of the RCCC, citing that the king's action couldn't be questioned in court. But Justice Min Bahadur Rayamajhi, last Monday, had ordered the court administration to entertain such writ petitions.
King Gyanendra had formed the panel through a royal decree under the emergency provision in the Constitution after he seized power on February 1. But the King retained the panel through an order even after he lifted emergency on April 29.
Advocate Santosh Kumar Mahato had filed the PIL Wednesday, arguing that the constitutionality of the panel ended from the date the emergency was lifted. He has further argued, that any order issued under the emergency provision of the Constitution becomes meaningless with the revocation of the emergency, and cannot be retained through a royal order issued under Article 127.

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