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Court has no jurisdiction on Prez's move: Dev Gurung

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POKHARA, May 14: Minister for Law, Justice and Constituent Assembly (CA) Affairs, Dev Gurung, said on Thursday that the “unconstitutional step” of President Dr. Ram Baran Yadav should be either reversed by president himself or it should be rectified from the parliament by the pressure of the people’s elected body. [break]



There is no option left other than the two ways, the Maoist minister said. Gurung said that the issue does not fall under the jurisdiction of the judiciary.



He argued that the court that works as per the constitution, acts and legal provisions can do nothing on the issue on which the constitution is silent.



“How can this issue, which is not even mentioned in the constitution, be raised in the court,” he said, adding that the court has done nothing against similar “unconstitutional steps” taken by heads of state in the past. “Why the court failed to do anything when then King Mahendra took over the power in 1960? The court failed again to do anything when former king Gyanendra staged coup in 2005.”



He said that the court can give its verdicts on the cases only if they are filed against violating constitutional provisions. “The judiciary should not be drawn into controversy on political agenda,” he added.



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