Friday, October 20, 2006

Rayamajhi panel questionnaire: Experts flay bid to quiz King

Legal experts today suggested the High-Level Investigation Commission headed by former Supreme Court Justice Krishna Jung Rayamajhi to read Article 31 of the Constitution of
Nepal 1990 which is “still in force” and which does not allow any authority to question the King.
“The Rayamajhi commission should be clear whether the Article 31 is there in the constitution and what it states,” senior advocate Ganesh Raj Sharma told Himalaya times reports .

He added that the constitution does not allow even a court and parliament to question the King.
“No question shall be raised in any court about any act performed by His Majesty,” the article states and said provided that nothing in this Article shall be deemed to restrict any right under law to initiate proceedings against His Majesty’s or any employee of His Majesty.

Former Attorney General Sarvagya Ratna Tuladhar also questioned the action of the high-level investigation Commission. “Such an action cannot get legal validity,” Tuladhar said.

“This is not legally and logically sound action taken by the Rayamajhi commission,” Tuladhar claimed.
“Politics may allow this but the law of the land does not allow to question the King,” Tuladhar further said.
“It is against the principle of rule of law,” he further added.

“As the King had imposed autocratic rule and violated the Constitution, politics may allow to question the king but law cannot permit it,” Tuladhar said.

Tuladhar added, though, that the House of Representatives had passed the declaration on May 18 allowing authorities to question the King.

He alleged the commission of trying to give the King the “retrospective effective” of law for previous actions he had taken while he was the chairman of the Council of Ministers.

The Principal Secretary of the Royal Palace, Pashupati Bhakta Maharjan, however, declined to say anything on why the King did not reply to the Rayamajhi Commission.

Rayamajhi, the chairman of the high-level investigation commission, said that he cannot comment whether the Article 31 allows him to question the King or not but claimed that he is doing everything respecting law.
“We have just given an opportunity to the King to clarify from his part as law also requires to give a chance to the person before taking a decision on him. We will do nothing against the principle of law,” Rayamajhi claimed.

Rayamajhi also added that he will not give up the supremacy of the law and that he is not biased against anyone.

No comments: