A full bench of Acting Chief Justice Damodar Sharma and Justices Prakash Wosti and Bharat Bahadur Karki asserted the government should rethink whether the perks should be provided also to the VIPs who held public office before 1990—when they worked under the partyless Panchayat regime.

The bench was responding to two separate petitions challenging the ordinance to provide facilities and security to the high officials introduced by the Baburam Bhattarai government.

The ordinance provisions such facilities only for the public office bearers after 1990. It stayed in 2012 by the apex court after the President's approval.

Petitioner Bharat Jungum argued that the perks, with a total annual cost of Rs 500 million, would burden the already strained state coffers. He had claimed that the President, as per the constitutional provision, could issue an ordinance only for a brief period as an immediate solution to a pressing issue at hand and that he has no right to issue an order to be carried out for an indefinite period. The petitioner accused the President of “misusing” the authority vested in him by “issuing such an ordinance for personal benefits”.

The ordinance mandates residence, secretariat, security, vehicles and fuel and medical treatment for the former officials. The ordinance allocates 200 litres fuel to a former President per month while a former Vice President is entitled to 175 litres. An ex-PM would be given 150 litres while former chief justices and speakers deserve 100 litres.

Security, fuel and vehicles would be offered to a former home minister for up to three years of their retirement.

The ordinance is currently under the purview of parliament. Following the order, the government has been providing facilities to VIPs as per the Special Security Regulation.