KATHMANDU, May 20: Speaker Subas Nembang´s move to let the Maoists register a resolution on a subjudice case against the President has drawn flaks from constitutional law experts who said such a move violates existing constitutional and legal provisions.
The lawyers argued that the Maoist resolution proposal violates Article 60.1 and 60.2 of the Interim Constitution that prohibits the parliament from debating the issues under consideration of any court of law. The proposal relates with the President´s move to block the Maoist-led government´s decision sacking the Army Chief Rookmangud Katawal earlier this month. [break]
"It is a blatant violation of the Constitution on the part of the Speaker to allow the proposal related to a subjudice case to enter the parliament," said advocate Dr Bhimarjun Acharya.
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Currently, the controversy over the sacking of the Army Chief and subsequent instruction from the President to the Army Chief is subjudice at the apex court.
Acharya argues that the apex court would be in a difficult situation to decide the case if the parliament takes any decision on the proposal.
"The justices will not be able to pass any judgment on the issue since the parliament has the authority to impeach them for passing verdict against its decision," Acharya further argued.
"The Speaker´s works should be in confirmity with the constitution and law. But he accepted the resolution to please [the Maoists]," he said speaking at a program organized by Constitutional Lawyers´ Forum on Wednesday.
He further said that the Regulations of Legislature-Parliament does not allow the government to register such a resolution against the President.
Clause 92 of the Regulations states that a resolution can be tabled only on three conditions -- to recommend suggestion and recommendation, to protest/support the government´s work or policy and to direct the government on certain issues.
"But the Maoists resolution attracts none of the conditions," said another Advocate Kumar Regmi, who specializes on constitutional affairs.
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