Nepal's Supreme Court issued a notice to the presidential secretariat, asking it to reply within 10 days why the president reinstated the army chief.
Nepal's Supreme Court on Tuesday issued a notice to the presidential secretariat, asking it to reply within 10 days why president Ram Baran Yadav reinstated the army chief after he was sacked by the Maoist government.
The court was hearing a petition challenging Yadav's direction to Army chief general Rukmangad Katawal to continue in his post. Nepal's first Maoist prime minister Prachanda resigned on Monday, accusing the president of taking an "unconstitutional and undemocratic decision".
Prachanda sacked Katawal after a months-long bitter stand-off over the issue of former Maoist rebels' integration into the army and other issues. The Maoists say that by reinstating Katawal, Yadav has overstepped his powers.
The apex court served a ten-day notice to the president's office to furnish a reply as to why Yadav issued an order to Katawal to stay in office despite the cabinet's decision to sack him. The petition was filed by Nepal-based International Institute for Human Rights, Environment and Development (INHURED), a non-governmental organisation.
Sri Krishna Subedi, on behalf of INHURED International, questioned the legality of the President's order and pleaded for the intervention of the apex court in the matter.
If the court finds that the president, who belongs to opposition Nepali Congress, has overstepped his power, he might have to step down too, further deepening the political crisis in the country.
While announcing his resignation in a nationally televised address on Monday, Prachanda had said "the interim constitution does not give any right to the president to act as a parallel power."
Another top Maoist leader Krishna Bahadur Mahara had said the president's move is tantamount to a "constitutional coup" which has put the "peace process in peril" while finance minister Baburam Bhattarai had alleged that he was "directly dictated by New Delhi".
"The so-called president who is directly dictated by New Delhi, has been sent messages to act against the elected government and (he) has restored the sacked army chief," Bhattarai had alleged on Tuesday.
President Yadav has maintained that his move to block the sacking of army chief was in accordance with the constitution.
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