Tuesday, November 29, 2005

Lawyer challenged to Review CJ's appointment

Kathmandu, Nov 29-Defending the February 1 move of King Gyanendra in the Supreme Court on Monday, a government lawyer, Balkrishna Neupane, challenged the Supreme Court to review Chief Justice Dilip Kumar Paudel's appointment if it wants to review the existence of the Royal Commission for Corruption Control (RCCC) which was set up under the same Article 127.

"If the Supreme Court wants to examine the orders under Article 127, it should review the formation of the council of ministers after October 4, 2002, and the appointment of the present Chief Justice," Neupane said. He claimed Article 127 was activated to remove the difficulties to form the cabinet and the appointment of the Chief Justice at a time when constitutional provisions were floundering.

Neupane claimed the King activated Article 127 to appoint the outgoing chief justice to chair the constitutional council at a time when the post of the Prime Minister was vacant, to chair the meeting that suggested the name of the Chief Justice. "The order under Article 127 is a part of the Constitution and beyond review by the apex court," he claimed.

"If the Supreme Court blocks the King's order that formed the Royal Commission for Corruption Control it will create hurdles in bringing back the constitution on the right track," Neupane argued while pleading before the special bench comprising acting Chief Justice Kedar Prasad Giri, justices Min Bahadur Rayamajhi, Ram Nagina Singh, Anup Raj Sharma and Ram Prasad Shrestha.

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