SC’s jurisdiction to look into RCCC formation challenged

Kathmandu, September 8-Challenging the extra-ordinary jurisdiction of the Supreme Court, the Royal Commission for Corruption Control today claimed that the King’s order to form RCCC on February 15 was part of the Constitution and so the apex court cannot examine the formation order of the royal commission.The RCCC also claimed that the Supreme Court has no authority to examine such a royal commission formed by the King under Article 115(7) of the Constitution and extended after invoking Article 127 on April 29 even after lifting the state of emergency. “Such an order cannot be examined by the apex court under Article 88 (1) of the Constitution,” the written reply signed by RCCC secretary Shambhu Khadka states. Khadka is a district court judge and has been deployed as the secretary of the royal commission. “The apex court can only examine the legislation made by the parliament but not the orders issued by the King under Article 127.”
“The formation order of the RCCC under Article 127 of the Constitution and the constitution itself states that such an order has to be produced before the parliament. This is a matter to be delved into by the legislature and not to be examined by the apex court,” the RCCC further claimed. The reply also states that the RCCC is acting to maintain the rule of law by combating corruption as wished by the King while dismissing the Sher Bahadur Deuba-led government on February 1. The RCCC was justifying its constitutionality responding to the order of the single bench of Justice Min Bahadur Rayamajhi passed on Sunday. The bench, responding to a Public Interest Litigation filed by advocate Santosh Kumar Mahato, had issued show cause notice to the RCCC demanding its reply why SC should not issue an order to scrap it.
The royal commission also said the King is the protector of the Constitution and that he has the authority to issue such an order, which is not a matter for the examination by the Supreme Court. “Since we are working as per the King’s order, there is no question to be settled by the apex court,” the reply further revealed.The royal commission also sought the apex court order to uphold the formation of the RCCC, annulling the PIL filed by Mahato challenging its constitutionality. The petitioner had moved the apex court claiming that the order issued by the King to extend RCCC on April 29 was unconstitutional even after the lifting of the state of Emergency.Points to ponder for apex court• RCCC claims it was formed under Article 115(7) of the Constitution and its term was extended after invoking Article 127 on April 29 even after lifting of the state of emergency and that such an order cannot be examined by the apex court under Article 88 (1) of the Constitution.• The corruption watchdog also claims that such an order has to be produced before the parliament. It is a matter to be delved into by the legislature and not to be examined by the apex court, claimed a written reply to the SC order signed by RCCC secretary Shambhu Khadka.

Courtesy: The himalaya times