Supreme Court Says no to RCCC

Kathmandu Feb 13-Announcing a landmark verdict, the Supreme Court (SC) on Monday ordered to scrap the controversial Royal Commission for Corruption Control (RCCC).

A five-member special bench of SC decided to dissolve the RCCC formed after last year’s February 1 royal move.

The SC bench also ordered to invalidate all the actions and decisions taken by the anti-corruption body.The SC says that the orders forming and continuing the Commission were against the essence and spirit of the 1990 Constitution.

The much awaited verdict was deferred last on January 5, citing that the justices had not finished reading the written pleadings submitted by lawyers.

The apex court observed that the commission was formed against the spirit of the 1990 Constitution. “The King has no authority to form such a commission under Article 127,” said a unanimous decision of a five-member special bench.

The bench comprising Justices Kedar Prasad Giri, Min Bahadur Rayamajhi, Ram Nagina Singh, Anup Raj Sharma and Ram Prasad Shrestha was examining the constitutionality of the anti-graft royal body formed last year after the King took over power.

“The order for the formation of such a commission cannot be taken as a constitutional step as per Articles 83 (3), 84, 85, 88 (3), 89, 105 (7) and 127,” the bench observed.

The bench said all the activities, including case against former prime minister Sher Bahadur Deuba, carried out the RCCC would be annulled with the dissolution of the royal commission.

The RCCC has already fined and slapped jail sentence to dozens of government officials and political leaders including former Prime Minister and Nepali Congress (Democratic) president Sher Bahadur Deuba and the then physical planning minister Prakash Man Singh on charges of corruption.

King Gyanendra, on Feb. 17 last year, had constituted a six-member RCCC “for effective implementation of works relating to control corruption in the country” under the Emergency provisions of the Constitution. Though the Emergency was lifted in April last year, the King gave continuity to the Commission through a royal decree under Article 127 of the Constitution.

Advocate Santosh Kumar Mahato had on 10th August 2005 filed a writ petition at the SC challenging the constitutionality of the commission. The court had heard arguments from the litigants and the government attorneys in different phases.

Meanwhile, law experts have maintained that the SC verdict has upheld the spirit of the constitution and that it has nixed the constitutionality of the February 1 royal move as such.

“The Supreme Court has given its verdict in favour of the constitution. Now the royal move itself has lost all constitutional excuses,” Nepal Bar Association (NBA) member Tika Ram Bhattrai told

According to him, all those who faced actions from the RCCC are entitled to compensation. “The government should return the bail amounts and pay compensation to those who have been victims of an unconstitutional body,” said he.

Similarly, commenting on the SC verdict, advocate Satish Krishna Kharel said, “Today’s verdict has proved that the Supreme Court is a responsible interpreter of the constitution. The verdict is in favour of the constitution and the rule of law.”

Meanwhile, hearing on a habeas corpus writ petition filed by jailed PM Deuba is to taka place at the SC on Tuesday. Deuba’s attorneys said the court is expected to release him after a formal hearing on the basis of today’s verdict.

Related order

Order of supreme court (In nepali)