KATHMANDU, April 27: The Supreme Court (SC) has annulled a legal provision that allowed former Presidents, Vice Presidents and other high-ranking former officials to receive state-funded medical treatment abroad.
A constitutional bench led by Acting Chief Justice Sapana Pradhan Malla struck down Section 12.1 of the “Citizen Relief, Compensation and Financial Assistance (Second Amendment) Procedure, 2073 BS,” which had enabled the government to bear the cost of foreign medical treatment for former officeholders.
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SC Spokesperson Arjun Prasad Koirala said the bench issued the order while hearing a writ petition filed by advocates Radhika Chamlagain and Bhadraprasad (Swagat) Nepal. The petition was partially upheld by the court.
The constitutional bench comprised Acting Chief Justice Malla and Justices Kumar Regmi, Manoj Kumar Sharma, Sharanga Subedi and Abdul Aziz Musalman.
With the ruling, former high-ranking state officials will no longer be entitled to government-funded medical treatment abroad.
Previously, such benefits were being provided under the procedure, despite provisions in the Public Health Service Act restricting state-funded treatment. However, the Presidential and Vice-Presidential Terms and Benefits Act had included provisions allowing medical coverage, creating a legal conflict between the two statutes.
To address this inconsistency between laws of equal status, the procedural guideline was introduced in 2016 (2073 BS), which has now been invalidated by the court.
