Kathmandu, September 7-Challenging extraordinary jurisdiction of the Supreme Court, the Royal Commission for Corruption Control (RCCC) today claimed that the apex court cannot examine its formation, as King Gyanendra’s February 15 order for its formation was a part of the 1990 Constitution.The King had invoked Article 127 on April 19 to continue the RCCC even after the lifting of a state Emergency imposed on February 1.
In a written reply to the SC, the royal commission said that the apex court has no authority to examine such a commission (RCCC) formed by the King under Article 115(7) of the Constitution and its continuance invoking the Article 127.
“Such an order is supposed to be laid down before the Parliament as per Article 127 and it cannot be examined by the apex court under Article 88 (1),” the reply signed by the RCCC secretary Shambhu Khadka stated.
The RCCC was justifying its constitutionality as per the order of a single bench of justice Min Bahadur Rayamajhi on Sunday. The bench had ordered the royal commission to justify its legality within three days.
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