Generally speaking, government attorneys are supposed to defend the government and bodies under it (the Nepali Army in this case) before any court of law during litigation involving them. But in this particular case relating to recruitment of 2,884 army personnel, the government and the army – the defendants – hold opposing views on the issue, making the government attorneys’ job a difficult one.
“Whom should we defend – the army or the government – before the Supreme Court next Sunday as they hold opposing views on recruitment?,” said a senior government attorney, who may have to represent the government during the discussions, on condition of anonymity.
Recruitment by the army has been a bone of contention between the Maoist-led government and the army over the last two months. The government has maintained that the army has gone ahead with the recruitment, defying its order and violating the Comprehensive Peace Agreement (CPA). However, the army has said that it informed the government before the recruitment process began. It has also argued that even the CPA allows for recruitment.
Meanwhile, government attorneys are awaiting a directive from Attorney General Raghab Lal Baidya as to whom they should defend before the apex court.
“I am yet to take a decision whom the government attorneys should represent before the court next Sunday,” said Baidya, the chief legal advisor to the government.
“I will be able to take a decision in this regard only after I get the details of the order (of February 22) and hold discussions with senior government attorneys,” he further said.
Baidya said his office is yet to get fuller details of the February-22 Supreme Court stay order.
Lawyers said that the public attorneys should provide their services to both the government and the army without any bias.
“They (government attorneys) should not show any discrimination while representing the government and the army during discussions before the Supreme Court next Sunday,” said advocate Tika Ram Bhattarai.
Meanwhile, army spokesperson Ramindra Chhetri said that the army´s legal department is doing the necessary homework for taking part in the discussions before the apex court Sunday.
kiran@myrepublica.com
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