KATHMANDU, March 13: The Supreme Court on Friday refused to stay the recruitment of 3,010 personnel by the Nepal Army (NA) while ordering the army not to carry out what it called additional recruitment until it finalizes the recruitment controversy.[break]
The pronouncement has ended the months-long controversy over recruitment by the army but has also closed the door to further NA recruitment till the ban is lifted.
“It is not legitimate and appropriate to stay the completed recruitment from the perspective of convenience and balance,” the apex court said while refusing to halt NA´s latest recruitment process.
However, the court ordered the army not to move ahead with any recruitment not completed before February 17, the date when the recruitment row landed before it. Inhured International, an NGO, brought the issue before the court on February 17.
The court also passed an interim order to the army not to carry out any recruitment in violation of the Comprehensive Peace Agreement and the Interim Constitution. This order will be effective until the controversy is finally settled by the court.
A full bench comprising Justices Ram Prasad Shrestha, Khil Raj Regmi and Girish Chandra Lal passed the order on Friday following hearings for two days.
The Chief Justice had assigned the case to the bench after a division bench on March 3 became divided over continuing a February-1 stay order passed by a single bench. At that time, the court had passed the stay order calling a halt to recruitment by the army till March 1, subject to review by a division bench.
Last week, the apex court stayed recruitment by the Maoist People’s Liberation Army until another court order.
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