Responding to a writ petition filed by lawyer Ramchandra Paudel, the division bench of SC Justices Abadesh Kumar Yadav and Bharat Raj Uprety issued an order to this effect.[break]
The bench said that altogether five decisions taken by various cabinets over a period of eight years to provide vehicles, fuel, money for home rent and maintenance, state security officers and other perks to former PMs, ex-chief justices, former DPMs, home ministers, ministers, state ministers and lawmakers and ex-royalty were arbitrary, discriminatory and against the law. "All those cabinet decisions are thus automatically declared null and void from now onwards," reads the order.
According to the SC, cabinets had taken the decisions to provide the VIPs facilities in addition to what was prescribed by law.
"The cabinets flouted existing law and took the decisions to provide additional facilities," states the SC order, adding, "cabinets have no right to provide facilities to anyone beyond the legal limitations. Thus, the decisions hereby stand revoked."
As per the SC order, all former prime ministers, high profile politicians and VIPs, who have long been enjoying state vehicles, fuel, home rent, maintenance costs and other facilities, will be deprived of such perks from now onwards.
The bench ordered the government to withdraw the facilities as these are illegal, following the apex court order.
"All those who have been enjoying use of such vehicles and facilities have to return them to the government if they are to comply with the SC decision," clarified SC Co-spokesperson Hemant Rawal.
The apex court has also ordered the authorities to conduct a study and formulate new laws on facilities for VIPs who have made outstanding contributions to the country.
The SC said that the cabinet decisions to provide additional facilities to VIPs have incurred a substantial loss to state coffers.
Through the same order, the apex court has ordered the Commission for Investigation of Abuse of Authority (CIAA) and the Office of Auditor General (OAG) to monitor compliance with the SC decision.
The SC further said that in providing such facilities to VIPs, there has been gross misuse of the revenue collected from people and money the country received from various donors.
"Melamchi Drinking Water Project alone is found to have procured six very expensive vehicles for the use of former PMs and DPMs and other VIPs," says the SC verdict, adding, "These decisions are not only irresponsible but also violate provisions incorporated in the Governance Act 2064 BS, and go against the basic norms and values of democracy."
The apex court has also ordered government authorities concerned not to purchase expensive vehicles just to provide them to VIPs but said that a particular project can procure vehicles for its own use.
The SC has also cited facilities being enjoyed by former PMs and DPMs. Former PMs are enjoying the use of up to three expensive vehicles, 300 liters of fuel per month, Rs 80,000 for home rent and 10 to12 state security personnel for their safety.
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