A bench of Justices Abdul Aziz Musalman and Shrikant Poudel made this order in a writ petition filed by Mohana Ansari, stating that the recommendation for the appointment of the ambassador on Chaitra 24, 2078 BS was unconstitutional.
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The Supreme Court has issued a directive to the government to ensure that the provisions of the Constitution's inclusive representation are followed when recommending the appointment of ambassadors in the coming days.
A bench of Justices Abdul Aziz Musalman and Shrikant Poudel made this order in a writ petition filed by Mohana Ansari, stating that the recommendation for the appointment of ambassadors on Chaitra 24, 2078 BS was unconstitutional. The government had recommended 20 ambassadors for the appointment of vacant posts in various countries. The cabinet meeting had recommended 12 ambassadors from the political party quota and 8 from the foreign service.
The proposed ambassadors included Janata Samajwadi Party (JSP) leader Nawaraj Subedi for Saudi Arabia and Prof. Dr. Ramswarth Roy for Denmark, and Bishnu Pukar Shrestha for China from the CPN-Maoist Center. Milan Tuladhar for Russia, Kailash Raj Pokharel for Australia and Dilli Raj Poudel for Qatar from the Unified Socialists.
Similarly, Durga Bahadur Subedi, Nirmala Kafle, Bharat Kumar Regmi, Sushil Kumar Lamsal, Dornath Aryal, Tirtharaj Wagle, Harish Chandra Ghimire and Ghanashyam Bhandari were recommended for the appointment of ambassadors from the Foreign Service.
Ansari had filed a writ petition on 20 April 2079, alleging that the recommendation did not include representation of Dalits, women, Muslims and indigenous peoples and that the constitution also violated the requirement of inclusive representation in appointments to every state body.
It was claimed that the recommendation was unconstitutional and violated the fundamental rights provided for in Articles 18, 40 and 42 of the Constitution of Nepal.
Article 18 of the Constitution provides for the right to equality, Article 40 provides for the right of Dalits and Article 42 provides for the right to social justice. The writ petitioner Ansari informed that the Supreme Court had issued a directive order in the name of the government stating that it was irrelevant in the case of ambassadors but that the principle of inclusion should be followed.
She said that the Supreme Court has ordered the government to rectify the violation of the principle of inclusion in high-level state posts like ambassador appointments by the Government of Nepal, which is against the spirit, meaning and clear provisions of the Constitution of Nepal.
She claimed that it is a just and necessary order to issue instructions to review such appointment processes by setting inclusive criteria in accordance with the Constitution.
