SC quashes writ against army mobilisation
KATHMANDU: The Supreme Court on Friday quashed a writ of certiorari and mandamus, filed against the National Security Council’s recent decision to mobilise army in riot-hit zones including Kailali, Rautahat and Sarlahi.
A single bench of Chief Justice Kalyan Shrestha quahsed the writ filed by advocates Roshan Kumar Jha and Yam Kumar Yonjan.
They had argued that the army could be mobilised only by the President on the recommendation of the Cabinet as per the Interim Constitution, but the government did not follow the constitutional provision to mobilise the national army in the riot-hit districts.
The bench, however, observed that the writ was immature.
According to Bench Assistant Suresh Raj Khanal, the SC quashed the writ due to lack of evidence to support the claims of the petitioners.
The Court observed that the petitioners had filed the writ merely on the basis of newspaper reports; but on a sensitive national security issues like this, newspaper reports could not be treated as evidences.
The government on Monday had authorised some District Administration Offices of Tarai districts to mobilise army, immediately after at least seven police personnel and a child were killed by a protesting mob in Tikapur of Kailali.
The advocate duo, however, on Wednesday, challenged the decision and sought an interim order against it.