Former Prime Minister, Sher Bahadur Deuba. (File Photo)
The Supreme Court on Sunday referred the habeas corpus case relating to former prime minister, Sher Bahadur Deuba, and former minister Prakash Man Singh, to the special bench of the apex court.
After preliminary hearings, the division bench of the apex court comprising Justices Harijung Sijapati and Tapa Bahadur Magar ordered that the case be referred to the special bench of the Supreme Court as it attracted article 88 (1) of the constitution.
Article 88 (1) of the constitution says that the Supreme Court can look into issues that allegedly go in contravention of the country’s constitution.
It was not immediately known when would the special bench take up the case but reports said the court could take up the issue after Dashain holidays (that is in mid-October).
Former minister Prakash Man Singh (File Photo)
Two lawyers including advocate Arjun Karki had filed habeas corpus petitions at the apex court demanding immediate release of Deuba and Singh arguing that they were being detained illegally.
The Royal Commission for Corruption Control detained Deuba and Singh nearly five months ago accusing them of being involved in corruption while awarding contract of the construction of an access road to the multi-million dollar Melamchi Drinking Water Project.
An investigation conducted by the Asian Development Bank (ADB) held that it did not find any irregularity in the episode.
But upon conducting hearings at its own ‘ijlas,’ the RCCC handed out verdict to jail Deuba and Singh, among others, for two years and impose a fine of Rs 90 million.
Deuba and Singh had refused to register their statements at the Commission challenging its constitutional status.
They have filed separate appeal at the apex court challenging the Commission’s verdict.
His Majesty King Gyanendra had constituted the Commission after taking over direct control of the government early this year. The Commission has been empowered to investigate, prosecute and hand out judgment on cases of corruption. Jurists say to vest such authority into a single entity is against the principle of natural law.
The Supreme Court is also hearing cases that have challenged the constitutional status of the controversial Commission.