Thursday, September 29, 2005

Hearing on RCCC legality continues

Kathmandu, Sept 29- Hearing on the case related to legality of the Royal Commission for Control of Corruption (RCCC) continued at the Supreme Court (SC) on Wednesday.

Advocates Madhav Basnet and Badri Bahadur Karki pleaded on behalf of the writ petitioners before the special bench today and the court has fixed October 27 as the date for the next hearing.

Legal experts have argued that the controversial Royal Commission for Corruption Control (RCCC) is a kind of a fake court and it cannot exist as a court of law under the Constitution of the Kingdom of Nepal 1990. “Hanging a signboard is not sufficient ground to be a court of law,” said a former attorney general Badri Bahadur Karki while pleading before the special bench formed to test the constitutionality of the royal commission.
“Since the RCCC enjoys no judicial capacity, it cannot be called a court of law,” he added. Terming the RCCC a kind of a fake court, he said it cannot exist under the existing Constitution. “No institution except the three tires of court the Supreme Court, the Appellate Court, the District Court — and the special tribunals formed under Article 84 and 85 of the Constitution can work as a court of law,” he added. The five-member special bench comprising justices Kedar Prasad Giri, Min Bahadur Rayamajhi, Ram Nagina Singh, Anup Raj Sharma and Ram Prasad Shrestha is examining the constitutionality of the RCCC.
The royal commission, submitting a written reply before the apex court, said since the King had formed the RCCC exercising his authority, testing its constitutionality was beyond the apex court jurisdiction.
“The RCCC was formed like a court martial after the declaration of the state of emergency,” Karki said, adding: “Its term was unconstitutionally extended later citing Article 127 of the Constitution.” Karki argued that the Constitution does not allow the King to act beyond the constitution.

Advocates Binod Karki and Sarbagya Raj Naya had filed separate writ petitions at the SC seeking its order to release Deuba and Singh claiming that they had been put behind bars illegally.

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