Justice Ram Prasad Shrestha announced the decision after a discussion on the stay order with lawyers of the plaintiffs and the defendants did not conclude Sunday. A division bench comprising Shrestha and Tap Bahadur Singh conducted the discussion as per an order passed by Chief Justice Anup Raj Sharma. [break]
On January 3, the chief justice had ordered the government and the Nepal Army Headquarters not to implement the decision to elevate Singh to the post of lieutenant general till January 10.
Lawyers representing petitioners Krishna KC, Himal Sharma and Bina Magar pleaded before the bench, requesting the court to continue the January 3 stay order till the court reaches a final verdict on the case.
The lawyers argued that the government violated the constitution by promoting Singh though the National Human Rights Commission (NHRC) and the Office of the High Commissioner for Human Rights (OHCHR) had recommended the government to take action against Singh for his alleged role in disappearances in the Bhairabhnath Battalion of Nepal Army in 2003.
The lawyers further argued that the political parties have expressed commitment in the Comprehensive Peace Agreement to address impunity but the government breached the commitment by promoting Singh without investigating the charge against him.
National and international human rights organizations have accused Singh of chain of command responsibility over disappearance of at least 49 detainees from the battalion. They have been demanding a credible investigation into the human rights violations before promoting any army officer accused in the incident.
The plaintiffs´ lawyers questioned the Ram Chandra Man Singh-committee formed by the cabinet to investigate the charge against Singh. The committee was undecided on the charge.
"Only a Truth and Reconciliation Commission to be formed under Article 33 of the constitution can investigate the charge Singh faces," argued Advocate Mukti Pradhan.
But the government lawyers defended the promotion, saying the elevation was constitutional.
Government lawyer Kiran Pokharel said that the December 24 promotion of Singh was the second since the incident in the battalion occurred. "This shows that the government thinks that Singh was not involved in the case," argued Pokharel.
Other government lawyers and the lawyers of Singh will continue their pleading next Sunday.
SC stays scrapping of Yadavs´ CA membership
Meanwhile, another bench of the court stayed the implementation of the decision of the Constituent Assembly (CA) terminating the CA membership of Matrika Prasad Yadav and Jagat Yadav, till January 14. Chief Justice Anup Raj Sharma issued the order after a brief hearing on the writ petition filed by Yadav duo. Their membership were terminated after they quit the Unified Communist Party of Nepal (Maoist).
The court also order the CA to send its lawyers to take part in a discussion scheduled for January 14 on whether the stay order should be continued till a final verdict is passed.
The court also issued a show cause notice to the CA to furnish a written reply why the Yadav duo was stripped of their membership.
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