“Though the process of recruitment is unconstitutional, the court should not continue the stay order (issued February-22) as the process has already been completed,” Baidya, the chief legal advisor of the government, said.
“The country has already invested (in the recruitment process),” he further said, arguing why the recruitment should not be stayed.
The apex court held a discussion before a special bench on whether to continue the February-22 order staying the recruitment of 3,010 personnel by the Nepal Army.
The recruitment controversy landed in the Supreme Court on February 17 after Inhured International, an NGO, file public interest litigation questioning the constitutionality of recruitment by the army.
The Chief Justice assigned a full bench of Justices Ram Prasad Shrestha, Khil Raj Regmi and Girish Chandra Lal to hear the case on Tuesday after a division bench on March 3 failed to agree about continuing the February-22 stay order.
Unlike at the hearings in the case on March 1 and 3, government lawyers at Thursday´s hearings did not defend the army. They said they represented the “Nepal Government” and did not say that they also represented the Nepal Army. They accused the army of not obeying a government order over the recruitment process.
Besides Attorney General Baidya, Deputy Attorney General Kumar Chundal and Joint Attorney General Yuva Raj Subedi also pleaded on behalf of the government.
During the hearings, Baidya also pleaded that the court should issue an order to the Nepal Army not to carry out further recruitment. “The court should also listen to the concerns of the United Nations Mission in Nepal (UNMIN) and the European Union (EU) over the recruitment while passing any order in this case. Likewise, the court order should also reflect people’s aspiration for peace.”
UNMIN and the EU have already said that the recruitment process violated the Comprehensive Peace Agreement signed in November, 2006.
As the lawyers did not complete their pleadings Thursday, the apex court adjourned hearings till Friday.
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