Following detailed hearings on whether to continue an interim order issued by the apex court one and half weeks ago against Rana´s promotion, a division bench of SC Justices Tahir Ali Ansari and Bharat Bahadur Karki restored to Rana his new promotion.[break]
"It shouldn´t be assumed on the basis of the National Human Rights Commission (NHRC)´s findings alone that Rana had committed a crime," reads the order, adding, "Allegations against Rana of involvement in human rights violation and procedural flaws in the process of his promotion as pointed out by the Public Service Commission (PSC) would be settled through a final verdict. But for now, there is no need to continue a stay order barring him from performing his duties in the capacity of AIG."
The apex court said that barring Rana from assuming the post of AIG is not appropriate in view of the principle of balance of convenience.
The SC has also ordered government authorities to carry out an independent and impartial investigation into the allegations involving Rana. "Form a probe panel led by a DSP and conduct impartial investigations into the allegations facing Rana," reads the order.
The apex court has likewise ordered the government to make necessary arrangements so that Rana could not interfere in or influence ongoing investigation against him.
"The bench hereby orders the defendants including the Office of the Prime Minister and Council of Ministers (OPMCM), the home minister and police headquarters to furnish a progress report at the SC and NHRC every month regarding the investigation into the allegations," states the order.
On July 5, the SC had stayed Rana´s promotion, saying that allegations against him were serious. The court had also barred Rana from dispensing his duties in the capacity of AIG.
Lawyer Sunil Ranjan Singh had filed a writ petition demanding a stay of Rana´s promotion on two grounds -- his alleged involvement in human rights violations and procedural flaws in the promotion process as pointed out by the PSC.
Rana was allegedly involvement in the abduction and subsequent murder of five Maoist cadres -- Shailendra Yadav, Jitendra Jha, Pramod Narayan Mandal, Durgesh Kumar Labh and Sanjiv Kumar Karna. A probe panel headed by DIG Dipendra Bahadur Bista had found Rana guilty.
The five Maoist cadres were abducted from Janakpur eight years ago and subsequently disappeared. NHRC had found Rana guilty in the abduction and subsequent murder of the Maoist cadres.
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