Kathmandu, Mar 4 (ANI): The Supreme Court (SC) of Nepal has decided to send the case of new recruitment in Nepal Army to the full court for final verdict after the justices were divided in their opinion.
The two-member division bench was divided on the stay order issued by the court earlier.
Justice Balram KC said that the court should scrap the stay order issued recently while justice Abdesh Kumar Yadav said the order should remain intact since the fresh recruitment in the army was against the spirit of the comprehensive agreement.
"We have decided to continue a democratic exercise and conduct a full hearing after we were divided on the stay order," said KC Balram
KC Balram suggested that discontinuity of the stay order and invited an amicus curie to decide on the stay order. He ruled that the issue had raised "some complex" constitutional questions and asked the Nepal Bar Association to send the names of two senior judges for the amicus curie.
According to Kantipur, the amicus curie will be asked to put their opinions on the constitutional status of the CPA and the Agreement on the Monitoring and Management of Arms and Armies (AMMAA) signed between the then Seven Party Alliance government and the CPN (Maoist) in December 2006. Both CPA and AMAA are in the annex of the Interim Constitution.
International Institute for Human Rights, Environment and Development (INHURED International) had filed the case against the Nepal Army's decision to go ahead with new recruitments despite orders from the government to stop it immediately. (ANI)