Sunday, October 02, 2005

Deuba, Singh case referred to special bench

Kathmandu, Oct 2 - The Supreme Court (SC) today referred the habeas corpus petition filed in the SC seeking release of former Prime Minister Sher Bahadur Deuba and former Minister Prakash Man Singh to the special bench of the apex court.
The division bench of the apex court comprising Justices Harijung Sijapati and Tapa Bahadur Magar ordered that the case be referred to the special bench of the Supreme Court as it attracted article 88 (1) of the constitution.
Article 88 (1) of the constitution says that the Supreme Court can look into issues that allegedly go in contravention of the country’s constitution.
It was not immediately known when would the special bench take up the case but reports said the court could take up the issue after Dashain holidays (that is in mid-October).
Advocates Binod Karki and Sarvagya Raj Naya had filed habeas corpus at SC on behalf of Deuba and Singh seeking their release, saying that they were detained illegally.
The Royal Commission for Corruption Control detained Deuba and Singh nearly five months ago accusing them of being involved in corruption while awarding contract of the construction of an access road to the multi-million dollar Melamchi Drinking Water Project.
His Majesty King Gyanendra had constituted the Commission after taking over direct control of the government early this year. The Commission has been empowered to investigate, prosecute and hand out judgment on cases of corruption.
Jurists say to vest such authority into a single entity is against the principle of natural law.
The Supreme Court is also hearing cases that have challenged the constitutional status of the controversial Commission.

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