Quashing a writ petition that sought the court to nullify the state honors, the apex court on Sunday said it found the formation of the medal recommendation committee and decision making process confirming with the provisions of the Medal Act. [break]
A group of lawyers led by Dr Gopal Krishna Siwakoti, who also heads an NGO, had moved the Supreme Court in June seeking nullification of the decision. In the petition, they had argued that the medal recommendation committee formed by the government was illegal. They had also questioned the sanctity of state honors conferred on security officials accused of human rights violations.
“It is a prerogative of the government to decide whether or not a person deserves Republic Day medals. The medals conferred by the state cannot be a subject of judicial review,” said Justices Bala Ram KC and Mohan Krishna Sitaula in their verdict, adding the government can revoke medals if it thinks so.
The government had recommended President Dr Ram Baran Yadav to confer the state medals on several personalities on the Republic Day on May 28.
The Republic Day honors were dragged into controversy as the names of some of alleged human rights violators had also featured in the list, which had forced prominent civil society leaders including Kanak Mani Dixit, Daman Nath Dhungana to protest the government decision. Later, the government had revoked the decision to confer the state medals on Kuber Singh Rana and Durja Kumar Rai, both senior police officers, following public protests. The government had also apologized for the flawed decision.
Chief Justice Ram Prasad Shrestha had also objected in writing to the government decision to give state medals to judges without consulting him.
Justices KC and Sitaula have directed the government not to honor judges with state medals without consulting the chief justice in the future.
Earlier on June 3, Justice Tahir Ali Ansari, taking up the writ petition, had stayed the government decision to award the honors.
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