Monday, November 21, 2005

SC continues hearing on constitutionality of RCCC

Kathmandu Nov 21-The Supreme Court continued the hearing regarding the constitutionality of the controversial Royal Commission for Corruption Control (RCCC) on Monday.

Defending the legality of the royal commission, Attorney General Pawan Kumar Ojha argued that the formation of the commission during the state of emergency and the order of the King for its continuation after the end of the state of emergency, under the Article 127 of the constitution, was fully constitutional.

He argued that since the royal move of February 1 was aimed at restoring the representative system by holding the elections, the decisions of the King, who exercises the executive power, had constitutional significance.

Ojha told the five-member special SC bench comprising Justices Kedar Prasad Giri, Min Bahadur Rayamajhi, Ram Nagina Singh, Anup Raj Sharma and Ram Prasad Shrestha that RCCC has till date received nearly 5000 complaints relating to corruption. Of them, many cases have already been finalised while some cases are being investigated.

Hearing on the case will continue on Tuesday as well. The apex court had resumed the hearing on the case on November 13.

Advocates have already pleaded on behalf of a writ petition filed by advocate Santosh Kumar Mahato challenging the constitutionality of RCCC.

The King had constituted the RCCC immediately after his February 1 takeover to investigate corruption cases. The all-powerful anti-graft body has already jailed dozens of corruption suspects including former prime minister Sher Bahadur Deuba.

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