Tuesday, July 1, 2014

Down military justice reform memory lane in Kathmandu

The Himalayan reports this story from ten years ago (still worth knowing about):
KATHMANDU: A day after Army chief Pyar Jung Thapa told the Supreme Court that the army is ready to obey the apex court’s orders, the Army Headquarters today, in a different context, told the Supreme Court that it (the military court) is not obliged to furnish details to the apex court regarding any decision taken by it in any case. “Since there is no constitutional or legal obligation to furnish such kind of decision before any non-military body, we cannot furnish such decisions in there,” the reply signed by Brigadier General B. A. Kumar Sharma, who is also chief of the Legal Unit of the army, states. “If such decisions are to be furnished to any non-military body there will be possibilities of disturbing the work of military court,” the reply stated. The reply, which was forwarded through the Office of the Attorney General, was registered today. The army legal unit was responding to a month-old apex court order to the army headquarters seeking its reply on why the military general court had sacked army officer Prajjawal Basnet. The SC had also ordered the army to furnish the case-file. The military general court had sacked Basnet on the grounds that he had deserted the job one and a half years ago. The apex court, for the first time in the Nepali Judicial history, had ordered the army to furnish its military court order to be examined by the SC.

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