2ND LD: Court orders Nepal's president to explain overruling premier

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KATHMANDU, May 5 Kyodo -
(EDS: UPDATING WITH YADAV SERVED COURT ORDER)
Nepal's Supreme Court served notice on President Ram Baran Yadav on Tuesday to
furnish within 10 days an explanation why his decision to overrule then Prime
Minister Prachanda's decision to fire the army chief should not be nullified.
Three lawyers filed a petition at the court challenging the presidential order
on Monday.
The lawyers charge Yadav overstepped his constitutional power in issuing an
order Sunday to reinstate the fired army chief.
''The president can only advise the government to correct an unconstitutional
decision, but cannot impose,'' constitutional expert Bhimarjun Acharya told
Kyodo News.
Earlier Tuesday, police arrested 50 people from around Yadav's residence in
Kathmandu for sloganeering in a restricted area, witnesses said.
The 50 were among civil society leaders who were chanting slogans such as
''autocratic president, resign.''
A section of Nepal's divided civil society supports Maoist Chairman Prachanda's
decision to oust the army chief that was overruled by the president Sunday.
Prachanda resigned from the post of prime minister Monday to protest Yadav's
action.
The president's residence-cum-office is among areas where the local
administration has prohibited rallies and protests.
In addition, hundreds of Maoist party workers staged a demonstration in central
Kathmandu on Tuesday afternoon.
''Down with the president,'' ''Nepali Congress and UML are thieves,'' and
''Long Live Prachanda,'' they chanted.
The demonstrators are scheduled to rally later peacefully on the streets of the
capital, participants told Kyodo News.
As well, Maoist parliamentarians disrupted a meeting of the parliament Tuesday
afternoon, again chanting slogans against the president.
House Speaker Subas Nembang was about the read out the president's letter
defending his overruling of the prime minister when Maoist parliamentarians
started shouting slogans, causing Nembang to adjourn parliament.
Early in the day, Nepalese authorities tightened security in Kathmandu in view
of street protests that Maoist former rebels launched against Yadav.
The administration banned protests, rallies and gatherings around Yadav's
residence, the army headquarters, the prime minister's official residence in
Baluwatar and the main government building Singh Durbar, in Kathmandu.
''We are adequately prepared for preventing violence,'' Home Ministry Spokesman
Nabin Ghimire told Kyodo News.
A meeting of Maoist parliamentarians decided to protest the president's
decision both from the streets and the parliament.
''The president's order created parallel power in the country, jeopardizing the
peace process,'' said Dinanath Sharma, spokesperson of Unified Communist Party
of Nepal (Maoist).
''We have decided to protest from the street,'' he told Kyodo News. ''The
street protests...will be peaceful.''
Sharma said the Maoists would not be interested in any exercise to form a new
coalition government unless Prachanda's order Sunday dismissing Chief of Army
Staff Gen. Rookmangud Katawal is enforced.
Prachanda's sacking of Katawal triggered a swift series of political
developments that included pullout from the coalition by two partners and
reversal of Prachanda's dismissal order by the president.
Prachanda announced his resignation during a televised address Monday.
Yadav has accepted his resignation and has asked him to lead the government as
caretaker until a new coalition emerges.
Early indications suggest the Communist Party of Nepal (Unified Marxist
Leninist), the third largest party in the assembly, is likely to lead a new
government. The CPN-UML and the second largest party, Nepali Congress, are
looking to cobble together a coalition of all parties, including the Maoists.
Nepali Congress has said it is unwilling to lead a new government
==Kyodo
2009-05-05 22:38:47