13 August 2012. The Supreme Court (SC) on 12 August ordered the government to frame vetting laws strictly regulating the promotion and transfer of government officials including those from the security apparatuses. Deciding on the case of AIG Kuber Singh Rana’s promotion, the court held that there were no reasonable grounds to stop Rana’s promotion but the government should be extremely cautious regarding the transfer and promotion of officials implicated in human rights violations in future.
The joint bench of Justices Kalyan Shrestha and Tarka Raj Bhatta further directed the government to follow Article 126 (5) of the Interim Constitution which expressly provides for consulting with Public Service Commission in matters of promotion and other issues regarding government officials.
SC was responding to a petition lodged by two advocates demanding cancellation of Rana’s promotion decision by the previous government on June 22, 2011. AIG Rana has been accused of being involved in the enforced disappearance of five students in Dhanusha district during the time of conflict. Advocacy Forum has been constantly raising the case.
Previously, the July 13, 2011 interim ruling of the SC had held that a recommendation by the NHRC for Rana to be prosecuted is not a sufficient basis to suspend his promotion pending the outcome of criminal investigations. The court had ordered the state to appoint an officer with powers equivalent to that of a DSP to take the investigations forward in pursuant to rule 4(1) of the State Cases Rules, 1998. Moreover, the court had directed that the government should see to it that Kuber Singh Rana does not intervene and influence the investigation. The court also ordered the Prime Minister’s Office, home minister, and Police Headquarters to send a monthly progress report to the court and to the NHRC. Advocacy Forum is not aware of any investigation into Rana’s case and of those progress reports.
Sanjeev Kumar Karna, Durgesh Kumar Labh, Jitendra Jha, Shailendra Yadav, and Pramod Narayan Mandal were among 11 people arrested by the security forces on October 8, 2003. They were taken to the Regional Police Office in Janakpur. Their family members never saw them afterwards. Advocacy Forum provided legal assistance to the victims in preparing the FIR of the case. NHRC also concluded its investigation in to the case and wrote to the government on 4 February 2009 that AIG Rana’s role was established in the case.
After AF and many other organizations’ initiative, the NHRC with the support of OHCHR and ICRC had decided to exhume the remains of the victims. Four victims’ remains were exhumed in September 2010 while the fifth victim’s remains were exhumed in February 2011.
(See details of the case here Sanjeev Kumar Karna)
