- http://kantipuronline.com/kolnews.php?&nid=57752


KOL Report

KATHMANDU, Nov 22 - Government Attorney General (AG) Pawan Kumar Ojha has said that all orders issued by the King are constitutional, since he is a Hindu king.

Pleading on behalf of the government at the Supreme Court on Monday in the case challenging the constitutionality of the Royal Commission for Corruption Control (RCCC), AG Ojha said, "Since the King formed the RCCC exercising special authority given by the constitution, its constitutionality cannot be questioned."

"The constitution and religion have given special responsibility to the King as a devotee of Hindu religion. He formed the RCCC to fulfill that responsibility," he said, adding, "Such orders are implemented as per the constitution and law."

Article 35 (2) of the present constitution (which makes the advice and consent of the Council of Ministers mandatory for the king to issue any order) functions only when there are peoples' representatives, he argued.

He also argued that the King took the step to bring the derailed constitution back on track.

While claiming that the RCCC has all three powers -- to investigate, prosecute and pass judgement, he argued, "Such a legal process is already in practice in the country."

Ojha cited the provisions of the Panchayat era constitution of 1962 and the law relating to corruption control, 2017 BS. "The practice of one body enjoying all three powers is not new in our country. The bench should have knowledge that this was provisioned in the constitution of 1962 also."

Ojha was pleading before the joint bench of justices Kedar Prasad Giri, Min Bahadur Rayamajhi, Ram Nagina Singh, Anup Raj Sharma and Ram Prasad Shrestha.

Bullshit ! She is no Supreme Being.
If he fugs up he should be held accountable.

Re:

Government Attorney General (AG) Pawan Kumar Ojha has said that all orders issued by the King are constitutional, since he is a Hindu king.

Power tends to corrupt and absolute power corrupts absolutely!!!

The constitution and religion have given special responsibility to the King as a devotee of Hindu religion.

Ojha cited the provisions of the Panchayat era constitution of 1962 and the law relating to corruption control, 2017 BS. "The practice of one body enjoying all three powers is not new in our country. The bench should have knowledge that this was provisioned in the constitution of 1962 also."

KATHMANDU, Nov 22 - Government Attorney General (AG) Pawan Kumar Ojha has said that all orders issued by the King are constitutional, since he is a Hindu king. (Kantipur's own version)

"The constitution and religion have given special responsibility to the King as a devotee of Hindu religion. He formed the RCCC to fulfill that responsibility," he said, (What actually Pawan said inthe court)

Therefore, Kantipur distorted the news!!!!

'Devotee' is not same as 'King' !!!!! Biased news of Kantipur.

This shows that the objectivity of news delivery was not fulfilled by Kantipuronline!!!!!

Mr. Learner_1, that was diplomatic way of saying by Mr. Pawan. But kantipur put it easy for everybody to understand.

I do not agree with you on that !!!

i also don't agree with gwajyo... job of news media is not to relay the real fact.. not how they interpret it...

Back to original version, how can king get special responsibility from constitution and RELIGION as a devotee of HINDU? When did we start to have new HINDU TALIBAN REGIME? When did religion start to come in between law & order?

Clearly, King and Kantipur Publications are on a head-to-head battle... Kantipur seems to be playing politics quite a bit lately... Perhaps they have no choice but to give up the little objectivity that they appeared to have (relative to the govt media outlets)?. Well, nobody is playing by the rules!

Therefore, Kantipur distorted the news!!!!

'Devotee' is not same as 'King' !!!!! Biased news of Kantipur.

Learner 1,

In essence, they are the same thing. What I understand from Pawan's statement is that constitution gave the Hindu King special responsibilities, which also includes forming of RCCC. When he says Devotee, it is obvious that he means the King because Pawan is not saying that all devotees has this power.

While media should be objective, they also should not take things at face value since shrewed people like this Pawan guy can manipulate average people. Media also has a job to investigate and inform people in such a way that average sojha sajha janata can understand. Otherwise, language used by lawyers and politicians are too convulated for the common people to comprehend.

On another note, is this Pawan guy the best person King G could find to defend him? This is the lamest defense I have heard so far. I have heard better arguments here on Sajha.

"The constitution and religion have given special responsibility to the King as a devotee of Hindu religion. He formed the RCCC to fulfill that responsibility," he said, adding, "Such orders are implemented as per the constitution and law."

In fact, I also hate that religion argument presented by Mr. Pawan. But certainly he didn't say that ALL ORDERS from the King is Constitutional. It was Kantipuronline which is saying so. "Such orders" is not equal to "All Orders".

But, boy, no matter what, King gonna win this case in SC... it doesn't matter whether it's Pawan's lame defense or someone else's intelligent defense. Going to the court against the King will not work at this moment!!!! They should rather go to the people!!!

"The constitution and religion have given special responsibility to the King as a devotee of Hindu religion. He formed the RCCC to fulfill that responsibility," he said, adding, "Such orders are implemented as per the constitution and law."

I am not trying to split hairs here but please read between the lines. Although this statement does not specifically say that all royal orders from Hindu King is constitutional, it does imply it. What is the intent here? He is saying that any arbtirary decision that is not vested to King by the constitution of 1990, is legal because King has special responsibility (which in this case, means power). This special power will cover any (or all) unconstitutional decision made by the King.

However, I agree that lame or intelligent decision, Nepalese courts do not have enough balls to go against the King. All the three branches of a modern Government (executive, legislative, and judicial) plus religion are now under King just like mullahs of Iran or Taliban of Afghanistan. What does this make Nepal? A fundamentalist state?

Whatever is the case. The news really sucks and it's a shame to have Attorney General like Pawan in Nepal. If you talk with him, he might even say that all the king's words are the laws in Nepal. He and his family are above the laws. Instead of blaming kantipur, we should analyse what Pawan is saying.