NA generals to withdraw petition
KATHMANDU: Eight reinstated brigadier generals of the Nepali Army today moved the Supreme Court requesting withdrawl of their petition filed against the Prachanda-led government six months ago challenging its decision to pension them off.
They have cited the provision that allows litigants to withdraw a case from a court of law if the claim against the defendant cannot be proved.
Brigadier Generals Nara Bahadur Kandel, Narendra Bahadur Rawal, Kumar Budhathoki, Pawan Bahadur Pandey, Pradip Bikram Rana, Shiva Kumar Paudel, Ramesh Bista and Raju Pratap KC jointly moved the SC. Stating that the government had already extended their tenure, the petitioners sought the withdrawl of the case as per Number 92 of the Court Procedural Chapter of the Muluki Ain, 1963.
The Muluki Ain states that the court can allow the case to be withdrawn by levying Rs 500 as fine if a litigant confesses before the court that he or she could not establish the claim against the defendant.
The tenure extension case had made public the rift between the UCPN-Maoist-led government and the Nepali Army, which ultimately forced Prachanda to resign over the Chief of Army Staff Rookmangud Katawal's dismissal row.
The brigadier generals moved the SC on March 23 and a single bench of Justice Kalyan Shrestha reinstated them the following day through an interim order.
The present government extended their tenure by three years immediately after its formation.