Legal experts take a potshot at PM’s resignation
KATHMANDU: Legal experts on Monday claimed that Prime Minister Pushpa Kamal Dahal’s resignation was a deliberate act aimed at foiling the constitution writing process. Speaking at the Reporter’s Club, constitutional expert Bhimarjun Acharya said, “The Prime Minister’s decision to quit the government at this crucial juncture indicates Maoists’ desire to escape from responsibility.” He said that the president could avert the looming disaster by asking the cabinet to revise its decision. “However, it would better serve the broader interest if the president refrained from making use of his discretionary powers,” he added. Advocate Madhav Basnet argued that President Dr Ram Baran Yadav’s move was in concert with Article 144 (3) of the interim constitution. “The cabinet’s decision to sack CoAS Rookmangud Katawal was in contravention to Article 164 (20) of the constitution,” he said. Maoists should play a constructive role in the peace process even after quitting the government, he added. Advocate Sher Bahadur KC said the President as the defender of the constitution had the right to intervene during times of political crisis and that the he did the right thing by deciding to reinstate the army chief. Another advocate Tika Ram Bhattarai said that the parliament could elect a new PM as per the article 43 and 38 of the constitution. “The new government should work in line with the spirit of the constitution, Comprehensive Peace Accord 2005 and the people’s mandate. He also emphasised on the need to form national government in order to be able to fulfil the aspirations of common masses expressed through Jana Aandolan II.