KATHMANDU: Defending President Dr Ram Baran Yadav's move in the Supreme Court (SC), Attorney General (AG) Dr Bharat Bahadur Karki today said the head of the state has power to warn and suggest the government. He claimed that Dr Yadav had exercised his authority to reinstate the then Chief of Army Staff Rookmangud Katawal since the Maoist-led government had not followed his advice.

"Since the government showed weakness by sacking the army chief, the President took the step against the former," Karki said. The AG added that the President could assert such power, as practiced in other democratic nations.

Karki was pleading before a division bench of Justices Damodar Prasad Sharma and Rajendra Prasad Koirala, which has been testing the constitutionality of the presidential move on Katawal’s reinstatement row, responding to a Public Interest Litigation filed by advocates on behalf of INHURED International.

Karki argued that the government is required to have the President's consent even while seeking explanation from the army chief. "Since the erstwhile government had violated the Constitution, the head of state had to act," he added, arguing that the SC could not review the President’s decision.

"Since the Maoist-led government misused Article 43 of the Constitution and the successive government rectified the mistake, the apex court interference is not required," he added. "The President only corrected the government's mistake." Karki argued that the action of the head of the state could not be reviewed in a court of law since he enjoyed the privilege.

Harihar Dahal,former president, Nepal Bar Association also defended the move of President Yadav stating that an independent person does not hold locus standi (right to move the court) challenging the action when the person concerned had not attended the SC.

Senior Advocate Shree Hari Aryal said Dr Yadav had taken the step in order to prevent a danger. "The President first informed the government and later took the decision with the consent of political parties," he said.