KATHMANDU, March 12: The Police Headquarters' establishment of the Police Staff College has sparked a dispute, spurring some police officers to move the Supreme Court (SC), requesting an immediate halt to the college's operation.
However, the SC has ordered both parties (plaintiff and defendant) to appear for discussion. Justice Hari Prasad Phuyal's bench has directed both sides to meet on March 17 to discuss the interim order.
Twenty police deputy superintendents (DSPs), including Ripendra Kumar, filed a writ petition against the Police Staff College. They filed the petition in the SC after the Police Training Institute issued a notice on March 20 for an entrance exam for the Police Leadership and Staff Course.
The National Police Training Academy proposed the course for officers recruited in 2070 BS. The officers requested that the course be implemented only through provisions in the new Police Act. All the petitioners were recruited as inspectors in 2070 BS and later promoted to DSP.
The Police Headquarters has approved the Police Leadership and Staff Course, which includes the Master in Police Science (MPS) and Professional Leadership Course (PLC). Officers who fail to complete these courses will become ineligible for promotion to the rank of DIG.
Senior advocates Tikaram Bhattrai, Dinesh Tripathi, Bhimarjun Acharya, and advocate Dr Ganesh Regmi have represented the petitioners. The order states that discussions on the interim order will take place on March 17, and rescheduling the hearing will not be possible. The dissatisfied group, which views the Staff College's entrance exam as crucial for police career development, filed the case in court.
The batch of inspectors recruited in Chaitra (mid-March to mid-April) 2070 BS is set to begin at the Police Staff College. They have filed a writ petition in the court, demanding the halt of the Staff College, as it is not authorized by law. This highlights a weakening of the chain of command within the Nepal Police. The officers, who have been accused of having political influence, filed the writ petition in the SC.
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They named the Ministry of Home Affairs, Police Headquarters, the Secretariat of the Inspector General of Police, and the Staff College as the defendants in the petition.
The Police Leadership and Staff Course selected a total of 131 individuals for participation. Authorities have approved the curriculum for the Master in Police Science (MPS) and Professional Leadership Course (PLC) under this program. They have decided to implement the course for the inspectors recruited in 2070 BS and those promoted to DSP from that group. These officers belong to the 158th group.
The writ petitioners include DSPs Prakash Jabegu, Deepak Patali, Tekbahadur Rawat, Jeewan Niraula, Yogaraj Khatiwada, Bedbahadur Paudel, Ramesh Kumar Shrestha, Bikash Bam, Pabindra Bahadur Bam, Nirmal Paniyar, Bhishanbabu Rai, Hiralal Bahadur Rokaya, Laxmi Khanal, Santosh Shrestha, Keshar Neupane, Anmola Khadka and Gyanbahadur Khadka.
DSPs Mohan Jung Buddhathapa and Rajkumar Singh have also filed a writ petition. The National Police Training Institute had prepared to conduct the entrance exam this week for the officers selected in the final list. The process was set to proceed with the selection of 35 candidates for the Police Staff College based on the entrance exam results. However, the petitioners have requested the court issue an interim order to immediately halt the MPS program.
The writ argues that a program not recognized by law should not serve as a basis for promotion and career development. According to the MPS program set to begin, inspectors from the 158th group (recruited in 2070 BS) and those recruited afterwards will not be able to reach leadership positions without completing the course.
What is the case?
The Police Act 2012 officially established the Nepal Police. The Act was enacted to create a police force that met the needs and appropriateness of society at that time. Since its establishment, lawmakers have amended the Act several times and improved various provisions through the creation of police regulations.
The Nepal Police currently operates under the Police Act 2012, Police Regulation 2014, Police Organization Act 2019, and the Nepal Police and Provincial Police Operations (Supervision and Coordination) Act 2019. However, although the Police Organization Act and the Nepal Police and Provincial Police Operations (Supervision and Coordination) Act have been authenticated, authorities have not yet implemented them.
The Nepal Police is entering the final phase of integration, and the Provincial Police Acts have been finalized and published in the official gazette. However, the provisions in these Acts do not align with those set forth in the Police Act currently registered in Parliament, as envisioned by the Constitution. Regarding the Police Staff College, questions arise about the provisions made for employees recruited on March 23, 2014.
What is the rationale behind these provisions? Should previous Deputy Superintendents of Police (DSPs) be required to undergo any courses? These issues, along with others, have been overlooked. Additionally, there is a need to clarify whether leadership should be restricted to employees recruited after March 23, 2014, or whether it should be based on other criteria for employees who have reached higher ranks. These various questions need resolution, and there is a call to address them first.
Dissatisfied police officers have pointed out that the Police Staff College lacks the authority to issue operational directives. They have expressed concerns about how such courses could impact career development, questioning what would happen if leadership changes in the future.
They argue that to ensure career development for officers, the necessary considerations should be made at the time of recruitment rather than introducing new provisions midway. They believe this approach will cause many police officers to face challenges once they join the organization. Additionally, they claim that if the Police Staff College is implemented, it will divide Nepal Police officers into two camps, leading to difficulties in assigning responsibilities in the field.
"One can reach leadership by studying, while another may remain stuck below the rank of DIG even when assigned to a field duty," said one DSP who filed the writ petition. He argued that this discrimination will create a significant gap in the career development within the Nepal Police. He mentioned that despite holding two to four rounds of discussions with the current Home Minister, Ramesh Lekhak, no research was conducted on the rationale behind the decision. As a result, they claim that despite raising concerns about the potential ineffectiveness of future police operations, no hearings were held. He also pointed out that the draft Police Act 2024 includes a provision for the Nepal Police Staff College in Section 124, Chapter 14.
The establishment of the Police Staff College raises the question of whether it is justified for the civil police, given the systems in place in the Nepal Army and Armed Police Force. The provisions have been implemented without any debate or discussion, merely copying a general concept.
However, the Armed Police Force has made timely changes in their draft of the law. "No civil police force in the world has a staff college, and implementing one in Nepal Police without research, based solely on the preferences of certain officers, is unjustified," said the DSP.
They argue that implementing a Police Staff College, which operates differently from the nature of the institution, is not justified without following the 'best policing' practices from other countries to modernize the police. "In Nepal, police personnel entering the rank of police inspector already hold a bachelor's degree and undergo basic training with a PGDPS bachelor's course.
Currently, promotion to the DSP rank requires a master's degree, but now there is an additional requirement to complete a Master's course (MPS). It is unjustified to require police personnel who have already completed both a bachelor's and master's degree to undergo MPS again," he said.
