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Madhesis’ recruitment: Application seeks nullification of SC stay order


An application has been filed in the Supreme Court on Tuesday seeking nullification of the writ filed against the government decision to recruit Madhesi youths into the Nepal Army. The petitioner duo Sunil Ranjan Singh and Deependra Jha has argued that the writ filed was based on media reports and has not taken the policy paper of the government into account. The petitioners have also sought nullification of the interim order issued by the court on the matter.

The Supreme Court (SC) on December 26 had stayed the government decision to recruit 3,000 Madhesi youths into the Nepal Army (NA). The court had said the government bid to recruit en masse members of a particular social group in the name of inclusion was against the spirit of the Interim Constitution. Any government effort aimed at making the Army more inclusive, the court said, should ensure inclusion of all the marginalised groups, including Madhesis, indigenous community, ethnic groups, Dalits, women and other backward groups.

The court pointed out that it had to intervene also because the government failed to follow the due legal process. As per Article 144 (4) (A) of the constitution, the government has to make some necessary legal provisions to make the NA inclusive by bringing in Madhesi, indigenous ethnic groups, Dalits, women, and people from the backward regions.

Responding to the SC’s stay order, the government had clarified that the process was undertaken as per the existing laws.

The reply furnished by Defence Minister Bijaya Gachhadar on January 16 to the apex court states that the recruitment is not taking place on the basis of bulk entry as claimed by the writ petitioner. He clarified that the government’s policy paper regarding Madhesi youths’ recruitment into the Nepal Army has called for undertaking programmes that will encourage the underrepresented communities to join the NA.

Posted on: 2012-02-15 09:06