SC vacates stay order, allows govt to recommend new envoys
KATHMANDU: The Supreme Court on Sunday vacated its stay order, paving way for the government to recommend new ambassadors to fill vacant diplomatic positions.
A division bench of Justices Gopal Parajuli and Ananda Mohan Bhattarai today vacated the August 17 order, in which the apex court had observed that the government keep the decision in the status quo, which in effect would not have let the government to take any decision about the issue until a further decision.
But, the division bench today observed that the stay order was not necessary as the plaintiffs did not have any position to claim their rights over the positions under question (ambassadors) as they were yet to be appointed. It further added that they could not be able to assume the positions even if the stay order was issued as they had demanded.
The bench was responding to a petition filed by four ambassadorial nominees, whose names were later withdrawn by the government after CPN Maoist Centre Chairman Pushpa Kamal Dahal was elected the Prime Minister.
Those moving the court were Yuvraj Karki (recommended for South Korea), Shiv Maya Tumbahamphe (Israel), Khadga Bahadur KC (Japan) and Narad Bhardwaj (Sri Lanka).
They were among 14 persons who were recommended by the erstwhile KP Sharma Oli-led government in April for the diplomatic appointment at various Nepali outposts. But, on August 5, two days after the government change, the Cabinet had withdrawn their names claiming the nominees, who were apparently loyal to the constituent parties of former ruling coalition, were not relevant in the changed political context.
They had named the Office of the Prime Minister and Council of Ministers, Legislature-Parliament Secretariat and Parliamentary Hearing Special Committee as defendants in the case.