Just saw the piece below on NepalNews.com. The die is cast. Does Nepal have an independent judiciary? What are the "legal procedures" not completed by the government? Why only a one-member bench of the SC? Not being a legal expert, I do not have the answers.
The government apparently still has the opportunity to provide a rebuttal to this decision. But this is a novel occasion when the judiciary has had the guts to challenge the executive branch of our government. Will the executive branch, led by the UCPN-M, take this challenge as as an exercise in the democratic process? Or will the YCL plagues us more intensely? Will the schism between the Defense Ministry and the Nepal Army widen further? Will the NA have the nerve to stand up for its rights and fulfill its duty to protect the country?
I am tempted to use the cliche "The answer, my friend, is blowin' in the wind", but that would not be right. We Nepalis listen to the wind too much. The "ke garne" mode of "action" has already made this country secular, rid it of the monarchy, and placed in power a government which rules by ordnances. I can only hope that on this particular case, justice is done.
"The Supreme Court has ordered the government to reinstate the eight Generals of the Nepal Army on Tuesday.
After first day’s hearing of the writ filed by the generals whose tenure was not extended by the coalition government, the one-member bench of the Justice Kalyan Shrestha issued an interim order in the name of government to reinstate the generals.
Failing to get their term extended, the army officials reached Supreme Court on Sunday saying that government decision was illegal.
The SC verdict says the government decision not to the extend terms for the army generals did not complete legal procedures.
The order would remain as final verdict of the court unless government supplies sufficient reasons to prove that its decision completed all legal procedures, lawyers say." nepalnews.com mar 24 09