KATHMANDU, Oct 1: In a verdict that intreprets the powers and privileges of the head of state, the Supreme Court on Thursday said any deed of the President can be a matter for judicial review and ruled that the President does not enjoy special immunities and discretionary powers in matters of public concern.
The apex court has defined the boundaries for the President while quashing a writ petition questioning the May 3, 2009 move of President Dr Ram Baran Yadav reinstating then Army chief Rookmangud Katawal, who had been sacked by the then Maoist-led government.
The full bench of SC Justices Tapa Bahadur Magar, Prem Sharma and Mohan Prakash Situala quashed the petition, arguing that the issue has lost its relevance.
The court verdict ends a 16-month political controversy that engulfed national politics following Dr. Yadav´s move and the subsequent resignation of the Maoist-led government. The President´s move also prompted the UCPN (Maoist) to launch nationwide protests, leading to a protracted political deadlock.
"The SC should have delivered its verdict on the matter earlier. It is too late and the SC verdict has no meaning now," Dinanath Sharma, spokesperson of the Maoists, told Republica when asked to comment.
Quashing the petition, the apex court said the writ petition is irrelevant on three grounds. First, the decision of the Pushpa Kamal Dahal government to sack Katawal was revoked later by the Madhav Kumar Nepal-led government.
Second, the generals at the center of the controversy, Katawal and Kul Bahadur Khadka, who was picked as successor to Katawal, have already retired.
Lastly, there have been fundamental changes in circumstances since the time of the President´s move.
The court has also defined the powers and privileges of the President.
The full bench ruled that the Interim Constitution does not bestow any special immunities and discretionary powers on the President. It further stated that the President is required to work on the advice and recommendations of the cabinet.
"The President does not enjoy the privilege of legal immunity and his deeds can become matter for judicial review," the court ruled.
The bench concluded that the President, who is also supreme commander of the army, does not enjoy any prerogative powers on matters relating to the army.
The bench termed the letter sent by Dr Yadav to Katawal blocking his sacking as just an interim directive.
"The President´s letter cannot be taken as a decision. It was an interim directive and has lost its relevance now," the benched said in its written verdict.
Lawyers have lauded the verdict. "This is a very balanced verdict," said constitutional lawyer Dr Bhimarjun Acharya.
http://www.myrepublica.com/portal/index.php?action=news_details&news_id=23845
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