A single bench of SC Justice Prem Sharma issued the stay order. [break]
The apex court issued four orders following initial hearings on a writ petition. First, the bench issued interim order barring Rana from dispensing his duties in the capacity of AIG till July 11 effective from Wednesday. Second, it has sought written clarifications from the defendants including the Office of the Prime Minister and Council of Ministers (OPMCM), Home Minister Krishna Bahadur Mahara, Nepal Police headquarters, AIG Rana, and Public Service Commission (PSC).
Third, the court has sought report by National Human Rights Commission (NHRC) about Rana´s alleged involvement in human rights violations . And fourth, the bench has asked court officials to prioritize the case in next round of hearings. The SC has also summoned both plaintiffs and defendants to appear before the court for detailed hearings scheduled for July 27.
Following detailed hearings beginning July 27, the apex court will decide on whether to continue the stay order.
Lawyer Sunil Ranjan Singh had filed a writ petition at the apex court demanding stay of Rana´s promotion on two grounds -- for his alleged involvement in human rights violations and showing procedural flaws in the promotion process as pointed out by the PSC.
"Writ petitioners pointed out the possibility that Rana himself could destroy the evidence regarding his alleged involvement in human rights violation if he is allowed to hold the post of AIG," reads the order, adding, "The bench also cannot rule out possibility of Rana influencing his juniors to either conceal or destroy the evidence. Hence the bench orders Rana not to carry out any functions in capacity of AIG until the next decision of the court."
The bench has issued show cause notices to all defendants ordering them to furnish written clarifications within 15 days through the Office of the Attorney General (AG). "Rana is asked to furnish written clarification himself or through his lawyers," reads the order.
NHRC had found Rana guilty in the abduction and subsequent murder of 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. They were made to disappear following the abduction.
"The bench orders the defendants to furnish NHRC´s probe report at the SC during detailed hearings, which will begin July 11," states the order.
Regarding the petitioners´ claim that there were procedural flaws in the process of Rana´s promotion as pointed out by PSC, the apex court has asked the PSC to furnish written clarification during the next hearing.
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