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Writ petition filed at Supreme Court against recall of ambassadors, preliminary hearing on October 9

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Kathmandu. A writ petition has been filed at the Supreme Court challenging the government’s decision to recall Nepal’s ambassadors to 11 different countries.

Journalist Sunil Bhattarai filed the writ petition naming the Office of the Prime Minister and Council of Ministers and the Ministry of Foreign Affairs as defendants, according to advocate Arjun Bahadur Khadka. The Supreme Court has scheduled the preliminary hearing on the petition for November 22.

They have demanded an interim order from the Supreme Court not to implement the decision taken by the Council of Ministers on October 12, 2002 as it was against the constitution and law.

The petitioners argued that the present government led by Prime Minister Sushila Karki was formed with the mandate to hand over power to the elected government only after holding elections.

“At a time when the House of Representatives has already been dissolved and a new election date has been fixed, recalling the ambassadors appointed by the President after parliamentary approval on the recommendation of the Council of Ministers will have a negative impact on Nepal’s diplomatic prestige,” the statement argued.

The writ states that the constitutional process to appoint new ambassadors is not possible in the absence of the Parliamentary Hearing Special Committee at present and the risk of Nepali embassies abroad falling into a diplomatic vacuum.

A meeting of the Council of Ministers held on October 14 had recalled the ambassadors of 11 countries. Among the ambassadors recalled by the government are Prof. Dr. Dr. Krishna Prasad Oli, Germany. Shell Rupakheti, Israel Pvt. Dr. Dhan Prasad Pandit, Malaysia Netra Prasad Timilsina, Ramesh Chandra Poudel (Qatar), Jung Bahadur Chauhan (Russia), Naresh Bikram Dhakal (Saudi Arabia), Sunil Nepal (Spain), Chandra Kumar Ghimire (UK), Lok Darshan Regmi (USA) and Dr Bhattarai (Japan) were among the leaders of the committee. Durga Bahadur Subedi.

It has been argued in the petition that recalling some ambassadors recommended by the Council of Ministers on the same day and retaining some of them is against the right to equality. President Ram Chandra Poudel had appointed former Chief Justice Sushila Karki as the Prime Minister on September 12, 2082. With the appointment, the mandate was given to hold the elections within 6 months.

On the same day, the date for the dissolution of the House of Representatives and new election (March 4) was fixed. “Since the government formed after that is automatically an election government, it is the constitutional responsibility and morality not to take any decision affecting the permanent structure of the state,” the petition states.

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