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.


More News

  • Dr KC staging hunger strike for 12th time

    Dr KC staging hunger strike for 12th time Dr Govinda KC is staging 12th fast-unto-death from Monday, stating that the Medical Education Bill that is under consideration in the parliament is being endorsed to favor the medical mafia.

  • Elections within stipulated time: DPM Shrestha

    Deputy Prime Minister Gopal Man Shrestha has said the elections of the House of Representatives and State Assemblies would be held within the stipulated time.

  • Deputy RJP general secretary Baig joins UML

    Deputy RJP general secretary Baig joins UML Deputy general secretary of Rastriya Janata Party Nepal Mirza Alsad Baig has joined CPN-UML.

  • UML wins in Jitpur Simara sub-metropolis

    UML wins in Jitpur Simara sub-metropolis CPN-UML has emerged victorious in Jitpur Simara Sub-Metropolitan City of Bara district. UML's Krishna Poudel was elected to the post of mayor of Jitpur Simara Sub-Metropolitan City with 14,865 votes defeating his nearest rival Krishna Brata Singh of Nepali Congress. He secured 12,043 votes.

  • Maoist Center to forge alliance with change-maker party: Sharma

    Maoist Center to forge alliance with change-maker party: Sharma CPN (Maoist Center) leader Dinanath Sharma has said that the constitution has been on its way to the full implementation, with the successful conclusion of local level elections, and a guarantee of elections to the House of Representatives and State Assemblies.


  • Amendment of Education Act: A betrayal to capable candidates Amendment of Education Act: A betrayal to capable candidates

    Not all, but many of the temporary teachers who have been wishing to become permanent, no doubt, appointed on the basis of their political ideologies. They couldn't succeed in the examinations despite repeated attempts. They carried the bags of those parties during their teaching career.

    Manoj Sapkota

  • The Doklam dilemma The Doklam dilemma

    Being a buffer state between the two giant neighbors, Nepal should conduct its foreign policy vis-à-vis China and India in a very sensitive manner. Nepal has always maintained that it would not allow its soil to be used against any neighbor. At the same time, Nepal should make sure that its own national interests are never compromised.

    Gaurab Shumsher Thapa


  • The regional integration initiatives & Nepal The regional integration initiatives & Nepal

    For the small landlocked economies, such as Nepal, regional integration is more of a necessity than a policy option. The ideal way forward for Nepal to gain most out of the economic integration would be to identify the key areas in which Nepal could contribute and facilitate the promotion of those sectors.

    Sujan Adhikari

  • Repercussions of extreme materialism through the lens of American history Repercussions of extreme materialism through the lens of American history

    The invaders started embracing community values that helped them evolve from plunderers to freedom fighters. The alliance of the tribes “Iroquois Federate” became the basis for the government system of US that helped resist tyrannical British power for independence.

    Sanjaya Gajurel

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.