Posted by: tired November 22, 2005
All orders from Hindu king constitutional:AG
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- http://kantipuronline.com/kolnews.php?&nid=57752 KOL Report KATHMANDU, Nov 22 - Government Attorney General (AG) Pawan Kumar Ojha has said that all orders issued by the King are constitutional, since he is a Hindu king. Pleading on behalf of the government at the Supreme Court on Monday in the case challenging the constitutionality of the Royal Commission for Corruption Control (RCCC), AG Ojha said, "Since the King formed the RCCC exercising special authority given by the constitution, its constitutionality cannot be questioned." "The constitution and religion have given special responsibility to the King as a devotee of Hindu religion. He formed the RCCC to fulfill that responsibility," he said, adding, "Such orders are implemented as per the constitution and law." Article 35 (2) of the present constitution (which makes the advice and consent of the Council of Ministers mandatory for the king to issue any order) functions only when there are peoples' representatives, he argued. He also argued that the King took the step to bring the derailed constitution back on track. While claiming that the RCCC has all three powers -- to investigate, prosecute and pass judgement, he argued, "Such a legal process is already in practice in the country." Ojha cited the provisions of the Panchayat era constitution of 1962 and the law relating to corruption control, 2017 BS. "The practice of one body enjoying all three powers is not new in our country. The bench should have knowledge that this was provisioned in the constitution of 1962 also." Ojha was pleading before the joint bench of justices Kedar Prasad Giri, Min Bahadur Rayamajhi, Ram Nagina Singh, Anup Raj Sharma and Ram Prasad Shrestha.
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