The special bench of Justices Damodar Prasad Sharma, Tarka Raj Bhatta and Gyanendra Bahadur Karki also forwarded the issue to a grand bench comprising of five judges, stating that the issue needs further interpretation in the changed context. [break]
With the apex court´s decision, Additional Inspector General (AIGs) Madan Bahadur Khadka, Kalyan Timalsina, Arjun Jung Shahi, Kiran Gautam and Prakash Kunwar, who had filed the petition, will now retire along with Inspector General of Police (IGP) Rabindra Pratap Shah on Friday. Khadka, Timalsina, Shahi, gautam and Kunwar as were IGP aspirants.
The SC´s decision has paved the way for the government to appoint a new IGP. AIGs Kuber Singh Rana, Bhishma Prasain and Navraj Dhakal are now the only remaining contenders to the post of IGP following the apex court´s decision.
Khadka along with others on August 31 had filed the petition at the SC seeking a stay order arguing that the 30-years service in the Nepal Police contradicts the existing law and is not justifiable as per the Interim Constitution.
The petitioners have made the Prime Minister´s Office, Ministry of Home Affairs, Ministry of Law and Justice and the police headquarters as defendants.
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