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Nepali court sets ex-premier free

Former Nepalese premier Sher Bahadur Deuba, left, receives flowers from a supporter at his residence in Kathmandu yesterday. The Supreme Court released Deuba, who had been jailed on graft charges by an anti-corruption commission which was dissolved this week by the court. PHOTO: AP

Nepal's ousted premier was released from prison early yesterday, hours after the Supreme Court dissolved the royal anti-corruption body that jailed him, striking a blow against King Gyanendra's absolute rule.

Sher Bahadur Deuba was jailed for two years last July by a body established after the king sacked him as prime minister, kicked out his government and assumed total control on Feb. 1 last year.

Former minister for physical planning and works Prakash Man Singh, jailed for corruption at the same time as Deuba, was also freed, the local media reported.

"I am very happy to have been released," Deuba told journalists waiting outside his home yesterday morning.

"The court's decision is good, and my release is a democratic step," he said.

Deuba said he would hold a press conference later in the day.

The Royal Commission for Cor-ruption Control was dissolved by the country's Supreme Court on Monday, when the country's top judges ruled that the establishment and operations of the body were unconstitutional.

The much-criticized commission against corruption was set up soon after Gyanendra assumed total control of the Himalayan kingdom.

Gyanendra said the takeover was necessary because the government was corrupt and had failed to tackle a 10-year Maoist insurgency.

Senior lawyer and former president of the Nepal Bar Association Sindhunath Pyakurel hailed the Supreme Court's decision, saying it had "established the supremacy of the Constitution and law in the country."

"It has given the message that the king must perform his duty and remain within the constitutional framework. He cannot stay on as chairman of the council of ministers," Pyakurel said.

"The verdict has given the indirect message to the king to correct his Feb. 1 move, which is against the spirit of the Constitution," he said.

Deuba, president of the Nepali Congress when he was jailed, had consistently said he was framed by the royal body, which also fined him US$1.26 million.

The alleged corruption related to the granting of a contract in a road building scheme that formed part of a US$464 million project to supply drinking water to the capital.

The Supreme Court ruling could pave the way for legal challenges of all decisions made by Gyanendra over the past year of his direct control, the Himalayan Times said in an editorial.

"The verdict has also set a precedent that any action of the monarch is subject to a test of constitutionality in the Supreme Court," the paper said.

"Some may interpret it as a political setback for the regime, while others may see in it a political thaw," it added.

The decision by the Supreme Court was a direct challenge to Nepal's beleaguered king, political analyst S.M. Habibullah said.

"It's a good sign because the judiciary has taken a step against the unconstitutional steps of the king. Because the king's power has been limited, this shows real rule of law," said Habibullah, head of political science at Tribhuvan university.

The six-member anti-corruption body was set up using emergency provisions of the Constitution, the news Web site Kantipur said.

Although the state of emergency imposed by Gyanendra was lifted in April, the commission was allowed to continue under a royal decree, the news portal reported.
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