RCCC tells SC: It’s political
Kathmandu Sept 27-The Royal Commission for Corruption Control (RCCC) has advised the Supreme Court not to intervene in any question regarding its formation or its decision to jail former premier Sher Bahadur Deuba and former minister Prakash Man Singh, among others.
In response to a show cause notice issued by the apex court, the Commission said, “All the works executed by the king are purely political ones and such works related to state authority and exercise of sovereignty cannot be question in the court as per Article 31 of the Constitution,” RCCC Secretary Shambhu Bahadur Khadka said in his written replies submitted to the apex court on Monday.
A district court judge, Khadka was appointed Secretary to the RCCC after it was constituted early this year after the royal takeover.
The RCCC also claimed that the King had taken over power on February 1 due to several reasons and when the monarch decided to form the RCCC with a view to fight corruption, it was not a judicial matter to be taken up by the apex court, the RCCC said.
“The RCCC has been working as per the wish of the King to combat corruption and this is not a matter to be examined by the apex court,” the RCCC further added. The RCCC also claimed that it was formed with royal prerogative and as per the tradition to use the power of the state by the King to govern the country and the apex court cannot examine such a matter.
“The King has formed the RCCC as per Article 115(7) of the constitution and continued as per Article 127,” the royal commission’s reply read.
The RCCC further said that there was no need for intervention by the apex court for the release of Deuba and Singh through habeas corpus petitions. Advocates Binod Karki and Sarvagya Naya had filed separate petitions at the apex court questioning the constitutionality of the RCCC and legality of its decision to jail the Nepali Congress (Democratic) leaders.