KATHMANDU: Legal luminaries have advised the government to scrap the erstwhile Prachanda-led cabinet’s decision that unconstitutionally dismissed Chief of Army Staff (CoAS)Rookmangud Katawal and appointed Lt General Kul Bahadur Khadka in his stead.
The erstwhile government did not take any separate decision to scrap the decision that appointed Acting Chief of Army Staff to Kul Bahadur Khadka since it was the by-product of the main decision, legal experts said.
“However, army officers have been lobbying for a separate decision on Lt General Khadka. Otherwise the army headquarters will have to bear the additional brunt of providing facilities after Lt General Kul Bahadur Khadka’s retirement as an Acting Chief of Army Staffs,” a legal practitioner maintained.
Few days later, the legal experts advised Prime Minister Madhav Kumar Nepal to uphold President Ram Baran Yadav’s decision to reinstate General Rookmangud Katawal and there was no need to take a separate decision on Khadka because Rookmangud Katawal’s reinstatement would automatically dismiss his position as the Acting Chief of Army Staff.
Legal practitioners including Shambhu Thapa, Hari Prasad Uprety, Hari Krishna Karki, Narendra Pathak, Tika Ram Bhattarai and Agni Kharel suggested Prime Minister Madhav Kumar Nepal to uphold the President Ram Baran Yadav’s to reinstate General Katawal move.