Former royal ministers’ petition referred to the full court

May 28, 2006
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In response to habeas corpus petitions filed by former ministers Ramesh Nath Pandey, former minister of state Shris Shumsher Rana and former assistant minister Nikshya Shumsher Rana, a division bench comprising Justices Kedar Prasad Giri and Tapa Bahadur Magar said in view of the royal proclamation of April 24 this year and complexities that have emerged in view of changed special circumstances, the Public Security Act 2046 B. S. needed to be interpreted by the full bench of the Supreme Court. They said similar bench had also interpreted the law in the past.

Now a full bench comprising five or more than five Justices of the apex court will take up the petition. The date for further hearings is yet to be fixed.

Five members of the royal cabinet including Pandey and Rana duo were arrested by the new government and put under preventive detention on May 12 this year. Three of the former ministers then filed writ petitions challenging the government’s decision to detain them.

During the 15-month-long direct rule of the king, the Supreme Court and other courts in the country had handed out orders to set free all the detainees who had filed habeas corpus petitions.

Some rights groups had criticized the seven party alliance government’s decision to detain former ministers under the Public Service Act saying that it was likely to set wrong precedent.