Monday, April 1, 2013

SC stays TRC ordinance, NA promotion

KATHMANDU, APR 01 - The Supreme Court on Monday stayed the implementation of the Truth and Reconciliation Commission (TRC) ordinance, arguing that some of its provisions contradicted the Interim Constitution.

A single bench of Justice Sushila Karki issued the interim order until another hearing where both the plaintiff and the defendants need to be present to decide on whether a further stay is required.

The bench also asked the defendants to furnish a written clarification as to why the ordinance was promulgated.

Earlier on March 24, an alliance of insurgency victims had jointly filed a writ petitions filed at the apex court challenging the recently enacted ordinance to establish a Commission on Investigation of Disappeared Person as well as a Truth and Reconciliation Commission.

The petitioners had demanded nullification of four articles and amendment to the ordinance.

Also today, the apex court ordered the government not to implement its controversial decision to promote Nepal Army colonels.

A single bench of Justice Girish Chandra Lal issued the order to this effect and asked both the plaintiff and the defendants to be present in court on April 4 to discuss whether a further stay order is needed.

Earlier, the Nepal Army had promoted 16 lieutenant colonels to the rank of colonels through its newly introduced fast-track promotion system, citing it as a new policy aimed at discharging incompetent officers from the institution.

On March 17, eight lieutenant colonels had filed the petition at the apex court against the promotion, arguing that the nominations for the promotion were ‘arbitrary’ and ‘had bypassed the merit-based promotion system.’

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