KATHMANDU, Sept 5: The Supreme Court on Sunday declined to issue an interim order in response to a writ petition against the decision of the incumbent government to withdraw the recommendation of seven individuals by the previous government for appointment as ambassadors to various countries. The writ petition was filed by the seven recommended individuals.
A division bench of Justices Gopal Parajuli and Dr Aananda Mohan Bhattarai also annulled the apex court's order of August 17.
Chief Justice Sushila Karki on August 17 issued a stay order to the government not to select or recommend other individuals in lieu of the previously recommended ones until hearings had takem place from both sides in the case.
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"The division bench did not give continuity to the stay order, stating that the petitioners were only recommended for appointed and the act of recommending envoys or withdrawal such recommendations seemed to be a prerogative of the executive," said Nahakul Subedi, spokesperson of the Supreme Court.
The removal of the stay order has paved the way for the government to recommend names for appointment as ambassadors to the missions abroad and ended any controversy over the choice of Leela Mani Paudel as envoy to China. The government on Thursday recommended Paudel for ambassador to China despite the Supreme Court's August 17 order. The previous government had recommended former foreign minister Mahendra Bahadur Pandey for the position.
The second cabinet meeting of the Dahal government on August 5 had decided to cancel the recommentation by the Oli government of 14 political cadres for appointment as ambassadors to various countries. At the time, the Parliamentary Hearings Special Committee (PHSC) was conducting hearings on the recommended individuals.
Though the Dahal government decided to withdraw the recommendation of 14 individuals who are career politicians, the recommendation of eight career diplomats was duly carried forward and also endorsed by the PHSC.
The Oli government on April 19 nominated 13 individuals from politics and eight joint secretaries from the Ministry of Foreign Affairs as Nepal's ambassadors to 21 different countries. A few days later, the government decided to recommend Sharmila Parajuli Dhakal as ambassador to Oman.
Among the 14 recommended individuals, CPN-UML leaders Yuvaraj Karki, Shiva Maya Tumbahamphe, Khadga Bahadur KC, Narad Nath Bhardwaj Wagle, Niranjan Thapa and two others moved the Supreme Court over the Dahal government's. withdrawal decision.
AG, former AGs lined up for defense
Attorney General Raman Shrestha and seven former attorney generals presented their arguments at Sunday's hearings and defended the incumbent government's decision to withdraw the recommendations made by the previous government.
Former attorney generals Badri Bahadur Karki, Laxmi Bahadur Nirala, Sushil Panta, Mahadev Yadav, Baburam Kunwar and Drona Raj Regmi presented their arguments in defense of the withdrawal decision.
Hari Phuyal, the attorney general during the Oli-government, as well as senior advocate Shambhu Thapa and advocates Chandra Kanta Gyawali and Kedar Dahal pleaded from the petitioners' side.
