A writ petition challenging the government’s decision to remove Dan Bahadur Karki as Nepal Police chief was submitted to the Supreme Court on Thursday, but the court administration did not register it, saying it needed time to study the document.
Advocate Tika Bahadur Kunwar filed the petition on Karki’s behalf on Thursday, a day after the Cabinet removed Karki as inspector general of police and appointed him the prime minister’s special security adviser. Additional Inspector General Manoj Kumar KC was appointed the new police chief. He assumed office on Wednesday.
Supreme Court Registrar Thagindra Kattel said the administration would decide on registration on Friday.
The case is unlikely to be heard before the Tihar holidays, as it can be listed only after registration and the court’s reopening.
The petition seeks to overturn Karki’s appointment as special security adviser and restore him as IG for the remainder of his legally prescribed term. It also calls for an interim order preventing KC from carrying out the duties of police chief while the case is pending.
Karki argues that the government removed him before his tenure ended without giving him an opportunity to respond to the reasons for the decision. The petition says the move violated the principle of natural justice and that the government cannot use the creation of another post to bypass legal safeguards governing the removal of a police chief.
It says restoring Karki would cause no legal harm, while two officers exercising authority at the IG level could create confusion in the chain of command.
The petition seeks an interim order suspending the Cabinet decision of November 4 and all actions taken on its basis. It asks the court to allow Karki to continue as IG and restrain KC from acting in that capacity. It also seeks to invalidate KC’s appointment and related actions.
The petitioner has sought a writ of quo warranto, asking KC to show the legal authority under which he occupies the post. A writ of mandamus is also sought to keep Karki in office until completion of the tenure prescribed by Rule 127 of the Nepal Police Regulations, 2014, and restore his official status and service benefits.
It seeks to bar the government from removing, transferring or retiring Karki before his term ends, or appointing another person without following the due process. It has requested priority hearing.
To support the challenge, the petition cites Supreme Court precedents, including the case involving former IG Achyut Krishna Kharel vs Dhruba Bahadur Pradhan, and the case of former Nepal Electricity Authority chief Hitendra Dev Shakya. It argues that an office-holder must be informed of the grounds for removal and given a chance to explain before action is taken.
The Kharel dispute is particularly relevant. In 1997, the government transferred the serving police chief to the National Investigation Department and appointed Pradhan in his place. Kharel challenged the move in court. The case remained unresolved for months, until the incoming government reinstated Kharel and made Pradhan an adviser. The Supreme Court later ruled that removing an IG who remained legally qualified to serve, without reasonable grounds, was inconsistent with the rule of law.
Karki was appointed IG in November 2025 after Chandra Kuber Khapung retired. Karki, who joined the police in March 1998, was expected to serve until March 2028.
If the petition is registered on Friday, it will be listed for hearing after the Tihar break. A single bench, assigned through lottery, could issue an interim order maintaining the status quo and summon both sides. Karki would then return to his former role and KC could not function as IG.
Or it could issue a show-cause order and summon both sides to discuss an interim arrangement. KC could continue as police chief in the meantime.
Durga Dulal is a journalist associated with Kantipur Daily, covering law, justice, and constitutional affairs.
