Kathmandu, May 3, 2007

The government today told the Supreme Court that it amended the Police Regulation 1992 to form the Metropolitan Police exercising its executive authority and that the issue was not at all justifiable.

Submitting an affidavit in the apex court, Chief Secretary of the government, Bhoj Raj Ghimire, said it is the exclusive executive authority of the government to promulgate laws and regulations and the same need not be examined by the Supreme Court.

The government had amended the Police Regulation 1992 on February 12 this year, but the regulation had already been implemented from November 17 last year. Responding to Supreme Court show cause notices, the government submitted the affidavit in the court. Advocate Madhav Kumar Basnet had challenged the government decision to amend the Regulation with retrospective effect.

He had claimed the amendment was against the principle of law and the spirit of of the Interim Constitution of 2007 to promulgate a retrospective law. The government claimed it can also amend any regulation with retrospective effect and that the Metropolitan Police was formed to maintain security in the country.

“Maintaining law and order and security in the country is an exclusive authority of the government and the Supreme Court cannot test the matter. It is not a justifiable issue,” the government said in its reply.

CA polls in six months? Prachanda has his doubts

Maoist chairman Prachanda today expressed doubts on whether constituent assembly polls would be held in six months as indicated by Minister for peace and reconstruction Ram Chandra Poudel.

“If the orthodox parties could not hold the elections in one year, despite pressure from the public, the parties and the Maoist activists, there is no guarantee that they will hold the polls in six months. It could be another pretext to avoid the elections,” he said, addressing a programme organised to celebrate World Press Freedom Day.

He added that six more months will make the regressive forces stronger and will cause a delay in the elections.

“The seven parties and some other elements have been busy creating different hurdles so that the elections are not held. And it is also a part of the whole game that the leaders of the seven parties blame the Maoists for their failure,” he said. He demanded that an investigation be launched on who or which force delayed the polls. He also indicated that the UML was one of the major elements that delayed the process.

“The legislature parliament is fully authorised to declare anything according to the people’s mandate. It should declare Nepal a republican state,” he said. He apologised for the murder of a few journalists by the Maoists during the insurgency.