Monday, March 03, 2008

Govt’s explanation on Military Act

The Supreme Court on sunday demanded written explanation from the government authorities on why a provision of the Military Act 2007 was promulgated in contradiction with the Interim Constitution of Nepal, 2007.A single bench of Justice Kalyan Shrestha issued show cause notice to the authorities, including the Prime Minister’s Office (PMO) and Cabinet, the Ministries of Law, Justice and Parliamentary Affairs and the Defence, following an initial hearing today.The bench order came in response to a Public Interest Litigation (PIL) filed by advocates Madhav Kumar Basnet, Lokdhoj Thapa and Binod Phuyal challenging a provision of the Military Act, 2007.The petitioners have claimed that Clause 75 of the Military Act contradicts with Article 24 (3) of the Interim Constitution.The lawyers sought the apex court’s order to scrap Clause 75 Sub-clause (2) and (3) whichallow detention of any army personnel, arrested on the charge of committing any crime, for more than eight days by the order of a commanding officer by producing the arrestee before the Chief of Army Staffs or Legal Department of the Nepal Army.Article 24 of the Interim Constitution states that anyone shall be produced before a judicial authority within 24 hours of his or her arrest.

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