Tuesday, August 09, 2005


SC showcause to RCCC on case sub-judice

Kathmandu, Aug 9- The Supreme Court on Monday ordered the controversial Royal Commission for Corruption Control (RCCC) to furnish reply on why it
took up a case which is already being considered in the Supreme Court. Justice Min Bahadur Rayamajhi passed the order.
The RCCC had dealt with the alleged irregularities in the distribution of state funds to party cadres affected by the conflict last year, by the then Sher Bahadur Deuba government despite the fact that the case was being considered by the Supreme Court.
According to existing laws, a case, sub-judice, cannot be taken or discussed by an institution as to influence judgment on the case, and any such act is subject to contempt of court. But RCCC took up the case of allowance distribution and also gave its verdict,prompting advocate Madhav Basnet to file a contempt of court case against the royal "anti-graft" panel.
Meanwhile, the Supreme Court has ordered its administration to register writ petitions produced before the court questioning the constitutionality of the RCCC.
Till now the Supreme Court has been rejecting such writ petitions on the ground that the acts of the king cannot be questioned in court.
The anti-corruption panel was set up by the order of the king after he assumed absolute power in February this year.

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