Q. Maoists have charged the President with violating the constitution by preventing the removal of the previous army chief ? How do you look at this?

It is unfortunate that party leaders are distorting the spirit and true meaning of the Constitutional provisions and laws in this regard. They are also conveying a wrong message to the people. The very decision of the previous Government to remove and appoint CoAS was constitutionally faulty, procedurally wrong and in violation of the Interim Constitution. The present Government in its cabinet decision has clearly stated so. Publicly expressed legal opinion of the Nepalese prominent lawyers in this regard substantiates this fact. Moreover, all political parties except UCPN(M) and a couple of others have accepted in written while submitting a petition to the President that removal and appointment of the then CoAS (Mr. Katawal and Mr. Khadka) was against the provisions of the Interim Constitution and made a request for immediate intervention for correction. Some comments made by politicians and several scholars in media are in ignorance of actual facts.

Do you mean president is right?

The President has not violated any constitutional provisions, neither has he made any substantive decision at all. He, of course, did ask the then Council of Ministers in his capacity as the Head of State and protector and defender of the Constitution to review its constitutionally erroneous decision and comply with the words of the Constitution. In response to the letter of the then CoAS, the President had simply asked him to stay until the Prime Minister had not responded to President’s written advice. Tell me, how did the President violate Constitution? An act of fulfillment of ‘constitutional obligation’ is not ‘constitutional violation’.