Maoists on a sticky wicket legally

Ananta Raj Luitel

KATHMANDU: The Maoist-led government is on a sticky wicket with regards to sacking of army chief Rookmangud Katawal and reported threats of impeaching the president, say legal experts.

They say that the government did not follow the Article 114 (2) of the Interim Constitution of Nepal while sacking Katawal which requires it to move the cabinet decision to the head of the state. But the government did not follow the same and handed over the decision to the concerned persons, Katawal and appointed the Kul Bahadur Khadka as the acting chief of army staff.

Experts say that the government has committed a procedural mistake in this regard. The Section 11(4) of the Military Act, 2006 has guaranteed Katawal a three year tenure and the government has no authority to sack him.

President can justify his move saying that he did the same in order to protect the constitution, which is his responsibility as per the Article 36 (A) (3) of the Constitution, but it is another violation of the Constitution.

He has acted as the executive head of the state. In reality he is not executive head of the state but only as the constitutional head of the state and he works as per the recommendation of the council of ministers. As per the Article 36 (A) (2) the president is the head of the state and he works to protect the Constitution.

After the President blocked the cabinet decision, the Maoists leaders and ministers have been threatening to remove the president from his post but which is not an easy job. The Maoists have to show two thirds majority to remove him and which is almost impossible in the present political scenario.