A division bench of Chief Justice Min Bahadur Rayamajhee and Justice Prakash Wosti ruled that the government´s decision to provide necessary security and other facilities to the former king and members of his family was correct.
The bench quashed a writ petition filed against the government´s decision. Bhupendra Pokharel, a lawyer, had filed a writ petition against the decision, terming it unconstitutional.
“This is a policy-level government decision which seems correct. The government can provide such facilities to the ex-king and his family,” the bench said.
The bench, however, also said that the full text of the ruling will come out later.
The petitioner had argued that the government decision was against the spirit of the interim constitution and a decision of the Constituent Assembly (CA).
The CA, while declaring the country a republic, had announced that the ex-king and members of his family would not enjoy any privileges not given to an ordinary Nepali citizen.
“The government´s decision contradicts the CA declaration and violates the norms and spirit of the interim constitution and therefore it should be scrapped by the court,” states the writ petition filed at the SC.
The SC, however, upheld the cabinet decision and made it clear that the court never interferes in the state´s policy-level decisions.
After the king´s dethronement, the government had decided to provide him, his mother, wife, son and daughter-in-law security personnel, facilities like vehicles and the Nagarjun Durbar for accommodation.
The government currently provides 25 army and 50 Armed Police Force (APF) personnel for ex-king Gyanendra and his wife Komal. Likewise, 15 army personnel and 30 APF officers are deployed for the security of former crown prince Paras and his wife, while 10 army and 15 APF personnel provide security for former queen-mother Ratna.
“The bench did not interfere with the cabinet decision and upheld the facilities enjoyed by the former king as provided for by the government," said Hemanta Rawal, spokesperson at the SC.
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