In the order handed down by a joint bench of justices Kalyan Shrestha and Tarkaraj Bhatta, it is stated that no action was sought against Rana prior to his promotion to the post of Senior Superintendent of Police (SSP) and Deputy Inspector General (DIG) of Nepal Police and so writ petitioner did not bear any harm from Rana´s promotion. It also sighted the lack of clear legal provision and standards to initiate action against officials involved in human rights violations. [break]
The bench also issued a directive in the name of Prime Minister and Office of the Council of Ministers, Ministry of Home Affairs, Police Headquarters, Armed Police Headquarters and others concerned to consult the Public Service Commission regarding promotion and other issues as per article 126 (5) of the Interim Constitution 2063 B.S.
The bench directed the government to ensure that provisions are in place to take action officials indulging in criminal acts during the time of transition.
Rana has been accused of involvement in the forced disappearance of five students from Dhanusha district. It may be noted that the National Human Rights Commission had recommended to the government for action against Rana three years ago.
Advocate Sunil Ranjan Singh had filed the case at the SC after the government promoted Rana to the post of AIG last year.
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