KATHMANDU, Nov 2: The Supreme Court on Sunday issued an interim order asking the government to halt the implementation of its decision to recall Nepali ambassadors from 11 countries.
A joint bench of Justices Saranga Subedi and Shrikant Poudel issued the order following a writ petition challenging the legality of the move.
The government, on October 6, had decided to recall ambassadors from 11 countries, citing their inefficiency, alleged statements against the government, and issues related to financial discipline.
Advocates Pratibha Upreti and Sunil Bhattarai moved the Supreme Court against this decision, naming the Office of the Prime Minister and Council of Ministers as defendants.
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The recalled ambassadors are serving in China (Krishna Prasad Oli), Germany (Dr. Shail Rupakheti), Israel (Dr. Dhan Prasad Pandit), Qatar (Ramesh Chandra Paudel), Russia (Junga Bahadur Chauhan), Saudi Arabia (Naresh Bikram Dhakal), Spain (Sanil Nepal), the United Kingdom (Chandra Kumar Ghimire), the United States (Lok Darshan Regmi), and Japan (Dr. Durga Bahadur Subedi).
Earlier, Prime Minister Sushila Karki, in a discussion with editors, had said that the recall was necessary in certain cases. The government had directed the ambassadors to return home by November 6.
A majority of those recalled were political appointees appointed by former Prime Minister KP Sharma Oli.
The plaintiffs in the case argued that the caretaker government does not have the authority to make decisions on matters of significant national importance, such as recalling ambassadors. They also noted that the government had failed to justify the selective recall of certain ambassadors and had not made arrangements to fill the resulting vacancies.
In its order, the Supreme Court provided several grounds for the interim stay. It stated that the recalled ambassadors still had remaining terms; the Council of Ministers’ decision lacked specific reasons for their recall; no steps were taken to fill the vacant posts; and the current interim government was formed primarily to conduct elections within six months.
The petitioners further argued that the government’s decision violated Articles 282 and 292 of the Constitution, which provide for ambassadorial appointments through parliamentary hearings and presidential endorsement.
The court noted that it was not appropriate under Article 292 of the Constitution to immediately appoint new ambassadors in the current political situation following the dissolution of the House of Representatives.
The order allows the recalled ambassadors to remain in their posts for now. The Supreme Court had earlier asked the government to submit its reasons for recalling the ambassadors, after which the apex court annulled the government’s decision.
