KUWAIT CITY, Oct 20: The Constitutional Court on Thursday declared the unconstitutionality of the grilling request presented by MPs Ahmad Al-Saadoun and Abdulrahman Al-Anjari against HH the Prime Minister Sheikh Nasser Mohammad Al-Ahmad Al-Sabah, affirming the lawmakers should question the concerned ministers, not the premier.

In response to a petition on the interpretation of constitutional articles 100, 123 and 127, the court clarified the premier should be questioned only within the limits of his jurisdiction — the general policy of the government, not the duties of the ministers.

Al-Saadoun, who represents the Popular Labor Bloc, and Al-Anjari, who represents the National Action Bloc, had previously submitted an interpellation request against the premier to the Office of the Parliament with the following points: the government’s failure to protect its shares in Zain Telecommunications Company, non-compliance with the conditions in dealing with compensation for damages caused by the Iraqi invasion, anomalies in Abu Futair area, and delayed establishment of public joint stock companies to implement strategic projects as stated in the development plan of the country.
In May 2011, the government and its supporters agreed to refer the request to the Constitutional Court to determine if it is constitutional or not, and postponed its discussion for a year, unless the court decides to shorten the period. This has prompted the opposition MPs to accuse the government of violating the Constitution.

Musallam Al-Barrak shouts from a vehicle.

Admitted
Commenting on the verdict of the court, MP Salen Al-Mullah admitted he was surprised by the ruling. He said the court explained that the points of the grilling are the responsibilities of the concerned ministers, not the prime minister, yet the Constitution stipulates that premier bears the responsibility for any deviation from the general policies of the Cabinet. “We believe the grilling points are actually deviations from the general policies, not the individual duties of the ministers, so the responsibility should fall on the shoulders of the entire Cabinet rather than a particular minister,” he argued.
Al-Mullah lamented the decision of the court is a clear attempt to prevent the lawmakers from exercising their constitutional right to question the prime minister. Despite his reservations on the ruling, he reaffirmed his respect for the judiciary, while calling for the immediate approval of the judiciary autonomy draft bill. He said this bill is the real interpretation of Article 50, which stipulates the separation of powers.
Meanwhile, MP Musallam Al-Barrak asserted the ruling of the court is not binding, because it is merely an interpretation of the provisions of the Constitution. He added the court had previously ruled that the submission of grilling requests or political questions is part of the functions of the parliamentarians. “Apparently, some people want to interpret the stipulations of the Constitution according to their whims,” he concluded.
Opposition MPs accused the prime minister of various charges of corruption including issuing cheques to MPs to win their votes and making hundreds of illegal overseas money transfers for his own benefit.
The office of the prime minister on Thursday categorically denied the two accusations and challenged the opposition MPs to produce any proof to back up their allegations.
Sheikh Nasser, 71, has been a target of opposition attacks since he was appointed to the post in February 2006, forcing him to resign six times.

Quiz
The quiz had charged that the state lost over $500 million in an investment awarded by the government to a private Kuwaiti investor and held the premier responsible for the loss because he ignored repeated warnings on the issue.
Meanwhile, First Deputy Prime Minister and Minister of Defense Sheikh Jaber Al-Mubarak Al-Hamad Al-Sabah sent on Thursday a congratulatory cable to His Highness the Prime Minister Sheikh Nasser Al-Mohammad Al-Ahmad Al-Jaber Al-Sabah on a Constitutional Court decision.
The court has made a verdict on the interpellation of some constitutional items bearing on interpellations leveled against the premier.
In his cable, Sheikh Jaber said: “On behalf of me and other ministers, I’d like to congratulate Your Highness on the verdict of the Constitutional Court on the interpellation of some constitutional texts bearing on interpellations tabled against the prime minister.” In this context, he thanked His Highness the Amir Sheikh Sabah Al-Ahmad Al-Jaber Al-Sabah and His Highness the Crown Prince Sheikh Nawaf Al-Ahmad Al-Jaber Al-Sabah for their noble directives, and thanked them for their confidence in the ministers.
He also thanked the Premier for his full commitment to the Constitution, sound democratic practice and law, and highly appreciated his directives for the Cabinet to cooperate with the National Assembly (parliament) and its committees.
In the meantime, the Undersecretary of Domestic Affairs of the Diwan of His Highness the Prime Minister said on Thursday that allegations made by the MP Faisal Al-Muslem that the premier had issued two checks for members of the National Assembly were unfounded.
MP Al-Muslem had presented a paper with printed financial figures and did not include any copy of checks, name of the bank from which they were withdrawn, names of beneficiaries or the date of issue, said Nayef Abdullah Al-Rukaibi.
The member of the parliament presented baseless information, said Al-Rukaibi, noting that Al-Muslem should have revealed approved official documents to substantiate his claims and avert any ambiguity or defamation targeting His Highness the Prime Minister on matters that are not related to public funds.
MP Al-Muslem has, on many occasions, addressed baseless accusations against HH the Prime Minister without presenting any evidence.
Such an attitude contradicts the responsibility that has been laid on his shoulders by the people to serve in the legislative authority, and such task should be free from personal tendencies, private interests and unjustified sensationalism, he stressed.