KATHMANDU, July 24: The Supreme Court on Friday nullified the oath of office and secrecy of Vice President Paramananda Jha, saying that the oath taken in Hindi was unconstitutional.
Drawing much controversy and street protests, Jha had taken the oath in Hindi on July 23, 2008. President Dr Ram Baran Yadav had read the oath in Nepali but Jha translated it into Hindi and pronounced it in Hindi, prompting advocate Bal Krishna Neupane to move the Supreme Court to nullify the oath-taking. [break]
"The oath of the vice president in Hindi has been nullified as it was against Article 36 (I) (2) and Appendix 1 (A) and the spirit of the Interim Constitution 2007," Chief Justice Min Bahadur Rayamajhee and Justice Bala Ram KC said in the verdict on Friday.
The court also cited the example of American President Barack Obama who was re-administered the oath of office after he misspoke the order of a few words of the oath.
The court, however, did not explicitly said whether Jha should take a fresh oath in Nepali, saying that it was not legally appropriate to order someone to take a fresh oath as the law does not compel anyone to take oath.
In the 14-page verdict, the court, however, said, "It is necessary to make the oath of the vice president constitutional and controversy-free by beginning [fresh] process of oath as provisioned by the Interim Constitution."
The court in its verdict expressed doubts whether its verdict will be respected and said: "This court is confident that the vice president will take the oath as per the constitution."
The court has indirectly suggested the vice president that he could resign if he does not want to take the oath as per the constitution. "One can quit the post by not taking the constitutionally and legally mandatory oath," the court said.
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