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SC upholds stay on generals' case |
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News
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Friday, 15 May 2009 14:08 |
The Supreme Court (SC) on Sunday upheld its March 24 order that stayed the Maoist-led government´s marching orders to eight brigadier generals. The order, some people think, is a blow to the Maoists and a moral boost up for the embattled Army Chief.
The ruling rejects the Defense Ministry´s plea to vacate the stay order passed by Justice Kalyan Shrestha. Maoists had taken to streets and burnt the effigy of Shrestha and criticized the judges publicly after the stay order.
Continuation of the stay order means that the generals, whom Army Chief Rookmangud Katawal wanted in the army, will continue their office. But the order has given a serious blow to the Maoists who wanted to weaken the hold of the Army Chief in the national army.
Continuing the March 24 stay order, Justices Anup Raj Sharma and Prem Sharma said that they cannot vacate the interim order on the basis of the plea filed by the Defense Ministry on March 25 because the Office of the Prime Minister and Council of Ministers, which decided to pension off the eight brigadier generals, had not sought to scrap the stay order. The justices, in their three-page order, said that the PMO, not the Defense Ministry, should have moved the apex court to vacate the interim order.
The retirement of the eight brigadier generals has been one of the issues of bone of contention between the Maoist-led government and the Nepal Army. Army Chief Katawal had recommended the government to extend their tenure but the Maoist-led government rejected it and gave them marching orders without giving any reason.
Later after the SC stay order, Katawal let the brigadier generals to continue in the office. This was one of reasons put forward by the Maoists when they made a failed attempt to sack the Army Chief.
In the meantime, the court said that it would hold final hearing on the case on May 31 in view of the sensitivity of the case.
The retirement row landed into the court after the eight brigadier generals moved the apex court with a joint writ petition against the government decision to pension them off in March.
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