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SC stays Toran's promotion for a week

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KATHMANDU, Jan 3: The Supreme Court on Sunday ordered the government not to implement the latter´s December-24 decision promoting Major General Toran Jung Bahadur Singh till next Sunday when the court is scheduled to hold a discussion on whether to stay Singh´s elevation. [break]



The court order means that Singh, who faces human rights violations charge, cannot work in his capacity as lieutenant general till Sunday, said Advocate Govinda Bandi. Singh began his work as lieutenant general from December 27.



"Let the decision on promoting the defendant [Toran] not be implemented till Sunday," Chief Justice Anup Raj Sharma said in his ruling in response to a writ petition against Singh´s promotion.



Sharma further ordered the government and Singh to send their lawyers to take part in the discussion on Sunday. A division bench hears the case. The bench will either continue the stay order issued by Sharma or nullify the order, after the discussion.



"It is a fairly reasonable order because the bench has found the decision on the promotion prima facie illegal," said Bandi, who is the legal advisor of the International Commission of Jurists.



Bandi further said that the court took the issue as serious and related to the peace process and transitional justice.



The court also ordered the government, Ministry of Defense, Nepal Army Headquarters and Singh to furnish written replies on why he was promoted.



Newly-appointed Chief Justice Sharma passed the order on Sunday after a hearing on a writ petition filed by Maoist central member Krishna KC and Maoist student leaders Himal Sharma and Bina Magar. The petitioners argued that they witnessed the human rights violations committed in the Bhairabnath Battalion during 2003-2004 when Singh was in the chain of command of that battalion.



The government promoted Singh on December 24, ignoring national and international calls not to elevate Singh till a credible investigation clears him of the charge.



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