It is violation of interim statute, say lawyers

Kathmandu, February 19:

Lawyers today termed King Gyanendra’s message to the nation on the occasion of the Democracy Day “an unconstitutional act”. The King cannot speak on politics like ordinary citizens, they said, adding that as the King is not the head of state, he cannot deliver message to the people.

“Legally, he has no right to speak on anything about the governance as he is not the head of state,” advocate Hari Prasad Uprety told this daily.

“The King wants to show, through the message, that he is in power. This is against the letter and spirit of the Constitution.”

In his message, the King defended his February 1, 2005 power seizure, saying the step was taken as per the demand of the circumstances and the wish of the people. He also claimed that he had dissolved the then House as per the recommendation of the elected PM.

Senior advocate Shree Hari Aryal opined that the powerless King he has no authority to deliver a political message. “I can speak about anything as a citizen, but he cannot as he is the King without any authority in state system,” Upreti added.

“Without getting permission from the PM, the King cannot speak on any political issue,” he said. “Not a single provision of the Constitution give the King power to deliver such a political speech.”

Protesting the message, nine student unions held a rally in the valley. The rally taken out from the Nepal Manabiki Campus converged into a meeting at Putali Sadak. Thakur Gaire, the ANNFSU president, said the monarchy should be uprooted. ANNISU-R general secretary Himal Sharma said there is no other option except to go for a republic.

Ram Babu Yadav, president of the Nepal Students’ Forum, , and Prakash Pokhrel, president of the ANNFSU (Unified), too, said there should be no place for monarchy in the new government.