Apex court purges perks of former PMs

KATHMANDU,DEC 9: 

The Supreme Court today scrapped facilities given to former prime ministers, deputy prime ministers, home ministers, speakers and ex-royal family members in excess of what has been mentioned in the Interim Constitution. It also annulled the Cabinet decisions that legitimised these perks.

Underlining the absence of laws to support such expenses from the state coffer, the apex court told the government and Parliament to promulgate suitable laws so that former bigwigs could enjoy extra perks. 

A division bench of justices Abadhesh Kumar Yadav and Bharat Raj Upreti issued the verdict in response to a PIL filed last year. The bench observed that former PMs, DPMs, home ministers and speakers had been enjoying the perks — house rent, security service, vehicles, fuel, drivers— without the House promulgating relevant Acts.

It directed the Office of the Prime Minister and Council of Ministers, the Ministry of Law and Justice and the CA to promulgate suitable laws if they wanted former bigwigs to enjoy extra perks. 

The bench observed that the Cabinet decisions passed between 30 July 2003 and 13 December 2004 did not represent the people’s will and without legislative laws such expenses could not get legitimacy in a democracy. 

The apex court noted that the Cabinet decisions were taken when the elected Parliament had been dissolved and conflict was at its peak. 

The bench observed that without promulgating laws the government cannot spend from its coffer to pay for the perks of former VVIPs that were not enshrined in the Interim Constitution.

Damning verdict

• Providing vehicles of Melamchi Drinking Water Project to the PM, ex-PMs and ministers is against Section 24(b) of the Good Governance Act, 2007

• Such perks should be reserved only for those working as full time workers in such projects

• Tells CIAA and Auditor General to strictly monitor the implementation of SC’s directives

• Orders a review of perks enjoyed by security, bureaucratic, judicial officials

• Directs promulgation of suitable laws to honour those individuals who have been promoting democratic system and rule of law

‘May pose a security threat’

“Withdrawing security to former bigwigs as per the Supreme Court’s verdict may pose a security threat. I have also been advocating promulgation of Acts to regulate such facilities since long. The verdict is positive but we should go through the text of the judgment for its overall implication.” — Ex-PM Jhala Nath Khanal 

“If the court curtails the facilities and perks why I need to react to that?” — Former Prime Minister Lokendra Bahadur Chand.