Kathmandu, August 2

The government has no clear idea how it will approach the ongoing trial of Col Kumar Lama in a United Kingdom court once Nepali Army personnel are barred to get a permanent residency of other countries.

Col Lama is facing trial in UK’s Central Criminal Court, Old Bailey, on charges of rights violation during Nepal’s decade-long insurgency in 2005. He holds the status of Indefinite Leave to Remain in the UK, which is equivalent to a permanent residency.

After a recent amendment to the Civil Service Act barring bureaucrats from holding a foreign Diversity Visa, Permanent Residency or any form of permanent stay facility abroad, almost all state institutions, including NA, have begun to amend their laws.

Minister for General Administration Lalbabu Pandit told The Himalayan Times that Col Lama was known to have UK’s ILR and his defence by the Nepal government might be affected in case he didn’t give up ILR.

NA Spokesperson Jagadish Chandra Pokhrel told THT scores of servicemen had resigned, most likely because they possessed DVs or PRs. Nevertheless, no one has presented the exact reason for their resignation except mentioning ‘personal reason’. Once NA’s law is amended, its personnel should either give up their job or foreign permanent residency status. “In that case, Col Lama is also supposed to choose one of these two options,” said an NA officer, adding, “We have no idea how to move ahead with his defence in case he quits the job rather than his ILR status.”

Col Lama was arrested in London in January 2013 when he was on vacation to meet his family from the UN Mission in South Sudan. His family also holds UK’s PR. Defence Secretary Ishwori Prasad Paudyal said the government’s move would be contingent upon Col Lama’s personal decision once the Nepali Army Act was amended. He implied that the government might not support Lama’s defence if he didn’t quit ILR.

An NA officer, however, opined that Nepal should defend Col Lama until he got clean chit from the trial and returned home, regardless of his decision. A jury formed for Lama’s trial has decided to meet next week for another hearing date.