SC approves Aryal's promotion, annuls Silwal's petition

  • Get News Alerts

The Supreme Court on Tuesday has annulled the writ petition filed by DIG Navaraj Silwal against IGP appointment. An extended full bench led by Chief Justice Gopal Parajuli, that had conducted the final hearing on the petition on August 31, has deemed appointment of Prakash Aryal as IGP of Nepal Police to be in accordance to the law.

The extended full bench, that also includes Justice Om Prakash Mishra, Kedar Prasad Chalise, Sharada Prasad Ghimire, Mira Khadka, Prakash Man Singh Raut and Purushottam Bhandari, had conducted the last hearing on August 10 before deciding to continue the hearing on August 31. The bench on August 31 had then said that the verdict will be delivered on September 12.

The then Chief Justice Sushila Karki on June 1 had also formed a seven-member extended full bench led by Cholendra Shumsher Jung Bahadur Rana for hearing. The bench included Jagadish Sharma Paudel, Deep Kumar Karki, Kedar Prasad Chalise, Sapana Pradhan Malla, Tej Bahadur KC and Purushottam Bhandari. Such extended full bench was formed to hear the case even before but the hearing could not take place. Jagadish Sharma Paudel has retired since due to age limit.

Silwal on April 11 had moved the Apex Court against the appointment of Prakash Aryal as IGP of Nepal Police. The government on April 10 had appointed Aryal as IGP.

The final hearing on the petition was scheduled for May 2. But lawmakers of Nepali Congress (NC) and CPN (Maoist Center) on April 30 had registered the impeachment motion as per the Article 101 (2) of the constitution accusing CJ Karki of infringing on executive authority to appoint IGP before the hearing.

CJ Karki was suspended following registration of the impeachment motion and the hearing was postponed for May 11. CJ Karki returned to duty following an interim order by the SC but the hearing could not take place even on May 11.

Silwal had moved the Apex Court, a day after Aryal's appointment, claiming that he is above three others, who were in contention for the top post, in terms of seniority and performance evaluation. He had also submitted comparison of performance evaluation of him and Aryal for the past four years in the petition.

The SC had refused to issue an Interim Order as demanded by Silwal.

The government on April 10 had appointed Aryal as IGP. The cabinet meeting filled the post that had remained vacant after the SC canceled promotion of Jai Bahadur Chand on March 21.

A full bench including the then CJ Sushila Karki and justices Hari Krishna Karki, Ishwor Prasad Khatiwada, Ananda Mohan Bhattarai and Anil Kumar Bhattarai had ordered the government to appoint another IGP from among qualified contenders.

It had directed the government to consider performance evaluation of the contenders for the past four fiscal years and appoint the one who has performed the best on an average during the period.

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

The single bench of the then CJ Karki hearing a pre-emptive writ petition filed by advocate Kapil Dev 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 filed by Silwal.

The government had made AIG Dr Dinesh Chandra Pokharel from technical service the acting chief of Nepal Police amending the Nepal Police Regulations while the case was sub judice. The amendment was made for one time appointment of AIG from technical service acting IGP.


More News


  • 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.