KATHMANDU: The Supreme Court today extended its stay order on the promotion of Lieutenant General Toran Jung Bahadur Singh for a week.

Since the hearing on whether or not to vacate the stay order could not finish today, a division bench of Justices Ram Prasad Shrestha and Top Bahadur Magar continued the stay order till January 24. This is the second time that the apex court has extended the stay order for a week. It was extended by the judges on January 10 after a single bench of Chief Justice Anup Raj Sharma on January 3 extended it.

Defending General Singh, former Attorney General Badri Bahadur Karki said his promotion can not be stopped simply based on any allegation by any institution and without being convicted by the competent authority. "The recommendation of OHCHR and National Human Rights Commission are not sufficient to stop his promotion," he added.

"How can he be denied promotion unless without conviction in any crime from a competent court," Karki said, adding, "One cannot be victimised in assumption."

Sushil Pant, another former Attorney General also said that since he was already promoted before the petitioners moved the apex court and received insignia it would be improper to implement the stay order. "This is against the principle set by the Supreme Court as well," he said. Stating that Supreme Court cannot demote army officer, senior advocate Kamal Narayan Das said such an action would be up to the military court. "The apex court cannot punish any officer on the basis of any writ petition," he added.

Advocate Narendra Prasad Pathak argued that since the criminal charge labelled against him and the military service are different matters, he could not be victimised merely on such allegations. "Based on a mere allegation he must not be victimised," he reasoned.

Advocate Bhimarjun Acharya said since the petitioners did not sought compensation from the legal authorities within 30 days as per the 1990 Constitution after the state of emergency was lifted one cannot sought legal action in such a manner. "One cannot be convicted based on the report of any non-governmental organisation and it would be against the law to held anyone accountable for any crime," he added. Advocates Sher Bahadur KC, Chandra Kanta Gyawali, Tikaram Bhattarai accused that Gen Toran was politically victimised despite the fact that he is not convicted by any court of law. They argued that a non-governmental body's report is not sufficient to held any body accountable for any crime.