SC has interfered in govt's work: PM

  • Get News Alerts

Prime Minister Pushpa Kamal Dahal in his response to the writ petition filed by advocate Kapil Dev Dhakal on promotion of Jai Bahadur Chand to the post of IGP of Nepal Police has called appointment of IGP the government's jurisdiction and demanded annulment of the petition.

The Supreme Court (SC) has scheduled the hearing on the case for March 16.

The written response of PM Dahal also points that advocate Dhakal, who filed preemptive petition two days ahead of the cabinet decision to promote Chand and a supplementary petition after the latter's promotion, is not a stakeholder and hence cannot move the court about an administrative issue like promotion and the Supreme Court also cannot issue interim order on the same.

Reminding the doctrine of separation of powers PM Dahal has stated it will be difficult to enforce law if the court were to encroach on the government's jurisdiction of appointing IGP. He has argued that the government, responsible for maintaining law and order, should be allowed to appoint the person it deems appropriate and qualified to lead the force.

Referring to clause 41 of the Nepal Police regulations, PM Dahal also has contended that other five criteria would not have been mentioned if promotion had to be made solely on seniority. He has added that all six criteria have to be given equal weightage and seniority alone cannot supercede other five criteria including efficiency, performance, competence, leadership qualities and ability to inspire and mobilize juniors.

PM Dahal does not need to reply to the petition filed by DIG Nava Raj Silwal as the petitioner had not named him as a defendant. The Office of the Council of Ministers, meanwhile, has argued that the office and cabinet are two separate entities and the decision was taken by the cabinet and not the office.   

A division bench of justices Hari Krishna Karki and Ishwor Khatiwada after hearing both the sides related to the two writ petitions against Chand's appointment earlier had said the next hearing will be held after the government furnishes written response to the court explaining the reasons to appoint Chand. All the defendants have already furnished their response to the respective petitions. The hearing on Thursday may take decision about whether to annul the decision to appoint Chand or not.

The government on February 12 had promoted the third-ranked contender among the quartet of DIGs--Silwal, Prakash Aryal, Chand, and Bam Bahadur Bhandari--all of whom were in contention for the top job. Silwal and Prakash Aryal were ranked ahead of Chand but Chand prevailed in the race due to the unflinching backing of Nepali Congress (NC) President Sher Bahadur Deuba.

The single bench of Chief Justice Sushila Karki hearing a writ petition filed by advocate Dhakal had ordered the government not to implement the cabinet’s decision just a few hours after Chand's appointment. She again issued the same instruction the following day hearing a petition field by Silwal.

Comments

More News

  • Govt presents budget of Rs 1.278 trillion

    Govt presents budget of Rs 1.278 trillion The government on Monday has presented a budget of Rs 1.278 trillion for the fiscal year 2074/75. Finance Minister Krishna Bahadur Mahara has allocated Rs 803.53 billion out of that for current expenditure, Rs 335 billion for capital expenditure and Rs 140.28 billion for financing.

  • Budget for construction of 8 cricket grounds

    The government has allocated budget in the fiscal year 2074/75 for construction of eight cricket grounds across the country including the one in Mulpani, Kathmandu. Cricket and football will be given special priority in the budget of Rs 2.24 billion allocated for sports sector.

  • Rs 9.67b allocated for expansion of East-West Highway

    The government has allocated Rs 9.67 billion in the fiscal year 2074/75 for expansion of the East-West Highway. The highway will be expanded in two separate sections. It has also allocated budget for Narayangadh-Muglin section of Prithvi Highway.

  • Workers must open bank account before going abroad, send remittance through the account

    Those going abroad for employment will now have to open a bank account before leaving the country. Finance Minister Krishna Bahadur Mahara, while presenting the budget for fiscal year 2074/75, said the workers must send home remittance through the same bank account.

  • Govt to construct Koteshwor-Suryavinayak tunnel way

    The government will construct a tunnel way from Koteshwor of Kathmandu to Suryavinayak. Finance Minister Krishna Bahadur Mahara, while presenting the budget for fiscal year 2074/75, said the tunnel way will help upgradation of the Tribhuvan International Airport and will address the problem of air traffic congestion.

Opinion

  • Usable 'full budget' Usable 'full budget'

    The budget statement of this year will be a full budget for the entire year but sans announcement of new policy initiatives and new projects and programs.

    Dr. Hemant Dabadi

  • Oops! Deuba does it again Oops! Deuba does it again

    Deuba and Dahal have made a mockery of the constitutional provision of impeachment as a weapon of last resort with its preemptive registration as a tactical move to stop CJ Karki from delivering justice. This will set a bad precedent and there will be more such tactical use of impeachment in the future considering how justices at the SC are being appointed in political quotas in recent times.

    Prem Dhakal

Blog

  • Jhamsikhel as I knew Jhamsikhel as I knew

    Hari-ko-pasal, right at the said junction used to be the place to buy any household item ranging from food grains and other household items. There was nothing that he did not have. Most often he loved keeping his customers waiting, more so if they were younger. He kept his client engaged with jokes and tole gossip.

    Hemant Arjyal

  • Empowering local bodies Empowering local bodies

    It is common to rent a room or two based on nothing more than a verbal contract. There are two types of owners. There are many who rent legal properties informally and those who rent out illegally built ones. The rental space demand is so much that owners openly flout bylaws by building more number of floors than approved. It is difficult, as it is, to bring both type of owners within the system.

    Hemant Arjyal

Readers Column

  • Traffic Police in Kathmandu

    As busy and hassling as the traffic system in Kathmandu is, the Traffic Police here have to handle an equally strenuous job. Over 1,400 traffic officers in and around the Kathmandu Valley battle against the pestering traffic and air pollution each day.

  • Menstrual taboo outdated

    I have seen my sisters and friends isolated and treated in discriminatory manner during their first menstruation cycle. They were not allowed to look at the sun, to touch water source, flower, fruits, any male family member, nor even hear their voice. The activist may claim the situation has changed and I do agree but still during every month my loved ones turns into untouchables beings.

Popular

Recommended

Suchanapati