Nepal

Govt poking its nose in sub-judice matter: Lawyers

Govt poking its nose in sub-judice matter: Lawyers

By THT Online

KATHMANDU: The lawyers on Tuesday accused the Maoist-led government of trying to influence the Supreme Court (SC) in the case pertaining to the premature retirement of eight brigadier generals of the Nepali Army. They complained about the ruling coalition's partisan role while pleading before a division bench of Justices Anup Raj Sharma and Prem Sharma. The allegation comes close on the heels of the government's action yesterday. It sought clarification from Chief of Army Staff (CoAS) Rookmangud Katawal on three issues, including reinstatement of the pensioned off brigadier generals. “It is aimed at exerting pressure on the apex court. Besides, the SC has issued its order as per the rule. How can the government seek an explanation on a sub-judice matter?” argued advocate Dr Bhimarjun Acharya. He cited the interim order issued by the single bench of Justice Kalyan Shrestha on March 24, which upheld the reinstatement on three grounds. First, there is a precedent - Major General Pradip Pratap Bam Malla had received the reinstatement order from the SC, overturning the government decision. Second, CoAS Katawal had recommended the extension of their tenure. Third, the Ministry of Defence (MoD) had failed to substantiate the reason behind their premature retirement. Ex-attorney general Badri Bahadur Karki, advocates Narendra Kumar Pathak and Balkrishna Neupane argued on behalf of the brigadier generals. They claimed that the Royal Nepal Army Appointment, Promotion and Various Provision General Rules, 1963, are all in vogue. Hence, the apex court cannot go against the precedent that was set in Major General Malla's case. The SC is likely to issue its ruling - whether to uphold the MoD's plea to vacate the March 24 interim order - tomorrow.