Kathmandu, Sept 25-The Supreme Court today refused to entertain a writ petition placed by an advocate challenging the February 1 royal takeover and King's declaration of holding the post of the chairman of the council of ministers by himself and appointing two vice-chairmen, Dr Tulsi Giri and Kirtinidhi Bista.
The Supreme Court registrar Dr Ram Krishna Timalsena today refused to entertain the writ petition and said that the apex court cannot entertain any case against the King as it was against the privileges given to the King by the Article 31 of the Constitution. “We cannot entertain any case against the King,” Dr Timalsena told The Himalayan Times reports.
The Article reads: No question shall be raised in any court about any act performed by His Majesty. The Article further adds, “Provided that nothing in this Article shall be deemed to restrict any right under the law to initiate proceedings against His Majesty and the employee of His Majesty.”
Advocate Kishor Kumar Mahato had placed a writ petition against the chairman and the vice-chairmen of the council of ministers seeking the apex court order to scrap the royal takeover. The advocate had claimed that the King had no authority to act unconstitutionally.
The advocate had also claimed that the Constitution has not given any kind of privilege to the King to act in such a manner to hold the post of the chairman of the Council of Ministers by himself and to appoint any one on any post beyond the Constitution.
The petition had the chairman (the King) of the Council of Ministers and both the vice-chairmen as the defendants. Such case was placed before the apex court for the first time but was refused to be registered for necessary proceedings.
The petitioner had sought the apex court order to scrap the posts of the chairman and the vice-chairmen of the council of ministers immediately and allow the political parties to form a government.
Main while,The Supreme Court today adjourned hearing on a contempt of court case filed against the vice-chairman of the Council of Ministers Dr Tulsi Giri.
This is the third time that the apex court has adjourned the hearing even after the case was scheduled for hearing on the bench. Justice Hari Jung Sijapati today adjourned the hearing citing lack of time for the hearing on the case.
Previously, Justices Top Bahadur Magar and Khil Raj Regmi had adjourned the case citing same reasons.
General Secretary of the Nepal Bar Association Madhav Banskota had filed the contempt of court case against Dr Giri accusing him of delivering contemptuous remarks against the court and the constitution in Biratnagar on September 19.
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