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

  • Nepal-India relation is matter of international concern: DPM Shrestha

    Deputy Prime Minister and Minister for Education Gopal Man Shrestha has said that the Nepal-India relation has been the matter of international concern. DPM Shrestha said this at a program 'Nepal-India relations in changed context' organized here Wednesday by the Center for Nepal and Asian Studies (CNAS) and Political Science Study Association.

  • JICA to support in construction of Thapathali-Pulchowk flyover

    JICA to support in construction of Thapathali-Pulchowk flyover Japan International Cooperation Agency (JICA) is to support the Lalitpur Metropolitan in detailed study of Thapathali-Pulchowk flyover that the metropolis plans to construct. JICA is now preparing the Detailed Project Report (DPR) for Tripureshwor-Maitighar flyover.

  • Committee under Education Secretary for dialogue with Dr KC

    Committee under Education Secretary for dialogue with Dr KC The Cabinet meeting on Thursday has formed a three-member committee led by secretary at the Education Ministry for dialogue with senior surgeon at the Tribhuwan University Teaching Hospital (TUTH) Dr Govinda KC who has been on a fast-unto-death since Monday.

  • SC to hear counter pleadings by advocates of petitioner on Sunday

    SC to hear counter pleadings by advocates of petitioner on Sunday The Supreme Court (SC) has decided to hear counter pleadings by lawyers of the writ petitioner, who moved the Apex Court against the Election Commission decision to conduct reelection in Ward No 19 of Bharatpur Metropolitan, on Sunday.

  • OPMCM directs for speeding up road repair works

    OPMCM directs for speeding up road repair works The Office of the Prime Minister and Council of Ministers (OPMCM) has issued directives to the bodies concerned for speeding up the road repair works by maintaining coordination, following a monitoring of the works.


  • Why should we save the ethos of 2015 Nepali constitution? Why should we save the ethos of 2015 Nepali constitution?

    While Nepal should address voices that question the constitution, it should not undermine the document’s dignity and longevity if the country wants to establish a constitutional culture. No constitution can fulfill all wishes. The drafters of the present constitution should not feel guilty in not securing the consent of all citizens. If the constitution is not fundamentally discriminatory, it has chances to grow further.

    Bhushan Aryal

  • One Belt One Road: Prospects & Challenges One Belt One Road: Prospects & Challenges

    Nepal thus has to debate, discuss, analyze and then conclude the cost and benefits of the OBOR for its populace. The benefits of OBOR for Nepali economy are easy to understand, but the short, medium and long-term consequences are not simple, and thus require careful examination.

    Chintamani Mahapatra


  • Dreams and drains Dreams and drains

    A water-filled ditch looks quite benign until someone lands into it. It was a case of extreme apathy on the part of the perpetrators as the girl paid up with her life for their neglect.

    Hemant Arjyal

  • Govt apathy toward flood control Govt apathy toward flood control

    While some opine that, relief can be an option for providing an instant solution, the majority believes that Nepal needs a permanent solution to the problem. And the solution could be construction of dams and water reservoirs, which are the best instruments for flood control.

    Pooja Chaudhary

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.