The government led by Prime Minister Sushila Karki had decided to recall the ambassadors of 11 countries.
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The Supreme Court has issued an interim order against the government's decision to recall ambassadors. The government led by Prime Minister Sushila Karki had decided to recall ambassadors from 11 countries.
The order states that the decision to recall the ambassadors may have an impact on Nepal's international relations. Similarly, although the then Council of Ministers appointed ambassadors to 17 different countries, the order states that the decision did not mention the need and justification for the current government to recall only 11.
A bench of Justices Saranga Subedi and Shrikant Poudel stayed the implementation of the government's decision. The Supreme Court made this order after the hearing that had been going on since Friday concluded on Sunday. With the Supreme Court's interim order, the recalled ambassadors will not have to return to Nepal immediately. On Kartik 9, the Supreme Court had ordered the government to appear in court with the decision to recall the ambassadors.
The Council of Ministers meeting held on Asoj 30 had decided to recall the ambassadors of 11 countries among those appointed by the government led by the current Prime Minister KP Sharma Oli. After the government decided to recall the ambassadors of China, Germany, Israel, Qatar, Russia, Saudi Arabia, Spain, Britain, America and Japan, advocates Pratibha Upreti and Anantaraj Luintel had filed a writ petition in the Supreme Court demanding the government's decision to recall the ambassadors.
The petitioner claimed that the caretaker government does not have the authority to decide on far-reaching national issues. Although it has been the practice of recalling ambassadors appointed by the previous government in the new political situation, the petitioner argued that it was not only unnatural for a government that had the original mandate to hold elections to recall ambassadors and make new appointments, but also against the constitution and political mandate. President Ramchandra Paudelal appointed Sushila Karki as Prime Minister on 27 Bhada with the mandate to hold new elections on 21 Falgun.
The grounds given by the court in issuing the interim order
are that the eleven ambassadors recalled as per the decision of the Council of Ministers dated 2082.06.30 still have their terms remaining, the reason for the recall is not mentioned in the decision of the Council of Ministers, no action has been taken regarding the new appointment of the ambassadorial post that will be vacant, the statement of the Office of the President dated 2082.05. 27 stated that the current interim government was formed to hold another election to the House of Representatives within 6 months as per the constitutional provision entrusted to the President by the Constitution of Nepal, and since the House of Representatives was dissolved on 2082.05.27 by the President on the recommendation of the Prime Minister on the same date, considering Article 292 of the Constitution of Nepal, it is not possible to immediately fill the post of ambassador but the post of ambassador will become vacant.
It has become apparent that this could have an impact on Nepal's international relations and that while the then Council of Ministers had decided to remove and recall only 11 of the 17 resident ambassadors from various countries appointed on the same date as recommended by them, the decision did not mention any reason to justify the necessity and justification of such a decision. Therefore, since the final order in the petition submitted will be as decided, an interim order has been issued in the name of the respondents pursuant to Rule 49 (2) (a) of the Supreme Court Rules, 2074 BS, not to implement, not to enforce, not to enforce, to maintain the status quo, to enforce the decision of the said Council of Ministers dated 2082.06.30 to recall the ambassadors. Please inform the respondents of the present order as per the rules.
