Nepal

Attorney General appointed, despite SC order to avoid long-term impact decisions

'Petitioner says this could lead to contempt of court and send the wrong message'

By Bal Krishna Sah

File - Newly appointed CM of Gandaki Province, Khagraj Adhikari, assumes office. Photo: RSS

KATHMANDU, APRIL 11

While the Supreme Court ruled on Wednesday that Gandaki Province should not come up with any long-term decisions but focus on day-to-day affairs, the Gandaki government has appointed an Attorney General.

Gandaki Chief Minister Khagaraj Adhikari, speaking with THT, said, 'We have been holding meetings regarding the expansion of ministries but we have not taken any decision on it. However, we appointed Attorney General today.'

Similarly, Chandi Prasad Aryal, a spokesperson for the office of the Chief of Province, stated, 'Attorney General has been appointed to assist in the current legal matters that Gandaki is facing. Krishna Prasad Adhikari was appointed Attorney General for the Gandaki province on the cabinet's recommendation. Gandaki Governor administered the oath of office of secrecy to Krishna Prasad Adhikari today.'

On Tuesday, the Cabinet approved the appointment of Krishna Prasad Adhikari as Attorney General. The newly appointed Attorney General, Adhikari, is considered close to Chief Minister Khagaraj Adhikari.

On the other hand, a writ petition was filed in the Supreme Court against Gandaki Governor Dilliraj Bhatta and others by Nepali Congress Parliamentary Party leader Surendra Raj Pandey on April 7. The Supreme Court issued an order on Wednesday and asked the incumbent Gandaki government not to take long-term decisions.

The full hearing of the writ is scheduled to be held on May 1.

According to petitioner Senior Advocate Yadunath Khanal, Gandaki CM's appointment was unconstitutional because Khagaraj Adhikari was appointed before the deadline set by the Gandaki Governor. As a result, the Supreme Court ordered the Gandaki government to avoid making decisions that could have long-term consequences. 'Regardless, if he has expanded ministries and appointed any officials to constitutional posts, that would be a flagrant violation of the SC order, and CM Khagaraj Adhikari may face contempt of court charges.'

'Because a similar incident occurred in Koshi a few months ago and the Supreme Court established a precedent prohibiting the Koshi Chief Minister from taking any decision that could have long-term consequences, Koshi followed the Supreme Court's decision and did not take any decision. However, Adhikari's decision to expand clearly reveals that this is a violation of the Supreme Court's order and precedent, which could lead to contempt of court.'

Khanal also stated that this would also give the wrong message, as the elected chief executive had openly violated the system, and people would not believe in him, as it is a prima facie wrong and violation of the constitution.

On April 7, the Chief Minister was appointed with the support of 31 MPs, including 22 CPN-UML, eight CPN-MC, including the speaker Krishna Prasad Dhittal, and one independent lawmaker. Surendraraj Pandey, leader of the Nepali Congress parliamentary party, filed a petition in the Supreme Court against the government, claiming that the speaker vote was counted while appointing Adhikari as CM.

However, the speaker is only supposed to vote under Article 186 of the Constitution to break the tie in the PA.