In its written clarification sent to the apex court, the president´s office has stated that the writ petition is irrelevant as the president´s office safeguards and obeys the Interim Constitution and the existing laws.[break]
Similarly, CIAA, in its clarification, has stated that it does not have any role in appointment of chief commissioner and other commissioners.
The constitutional anti-corruption body has urged the SC to scrap the writ petition regarding the issue stating that the chief commissioner and commissioners of the constitutional body are appointed by the president on the recommendation of the Constitutional Council.
CIAA has also maintained that it had decided on July 14, 2008 to proceed with the recommendation made by the Rayamajhi Commission to remove Karki from civil service, making him ineligible for any public post in future for his role in suppressing the peaceful democratic movement of April 2006.
A single bench of Justice Sushila Karki on March 22 had ordered the government to halt the appointment process until April 7 stating that the Interim Election Council, which has been formed to hold fresh election, cannot take decision on issues that may have long-term effects.
Advocate Om Prakash Aryal on March 20 had moved the apex court challenging the government´s preparations to appoint Karki as the chief of the anti-corruption body.
In the petition, Aryal has stated that the recommendation of the High-Level Political Committee to appoint Karki as head of CIAA is against constitutional provisions and the spirit of the people´s movement, rule of law, good governance, transparency, accountability and the principle of constitutional checks and balances.
The writ petitioner has claimed that Karki is not eligible for the post as he was involved in suppression of the peaceful democratic movement of April 2006.
The Office of the President, Chairman of Interim Election Council Khil Raj Regmi and his office, Constitutional Council, the CIAA, UCPN (Maoist) Chairman Pushpa Kamal Dahal and Karki have been made defendants in the writ petition.
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