The Supreme Court on Friday registered a writ petition challenging the government’s decision to remove Dan Bahadur Karki as Nepal Police chief, clearing the way for a possible hearing after the Tihar holidays.
Advocate Tika Bahadur Kunwar filed the petition on Karki’s behalf on Thursday, a day after the Cabinet removed him 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 and assumed office on Wednesday.
The court administration had initially withheld registration on Thursday, saying it needed time to study the document. Supreme Court sources said Chief Registrar Bimal Paudel, Registrar Thagindra Kattel and Ashok Chhetri, head of the case section, were involved in discussions on the petition.
The petition seeks to overturn Karki’s appointment as special security adviser and reinstate him as inspector general for the remainder of his legally prescribed term. It also asks the court to issue an interim order preventing KC from performing 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 argues that reinstating Karki would cause no legal harm, while allowing two officers to exercise authority at the inspector general 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 police chief, restrain KC from exercising the authority of the post, and invalidate KC’s appointment and related decisions.
The petitioner has sought a writ of quo warranto, asking KC to show the legal authority under which he occupies the post. It has also sought a writ of mandamus directing the government to keep Karki in office until the completion of the tenure prescribed by Rule 127 of the Nepal Police Regulations, 2014, and restore his official status and service benefits.
The petition further asks the court to prevent the government from removing, transferring or retiring Karki before his term ends, or appointing another person without following due process. It has requested a priority hearing.
To support the challenge, the petition cites Supreme Court precedents, including the case involving former inspector general Achyut Krishna Kharel versus 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 an opportunity 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 decision in court. The case remained unresolved for months, until the incoming government reinstated Kharel and appointed Pradhan as an adviser. The Supreme Court later ruled that removing an inspector general who remained legally qualified to serve, without reasonable grounds, was inconsistent with the rule of law.
Karki was appointed inspector general in November 2025 after Chandra Kuber Khapung retired. He joined the police in March 1998 and was expected to serve until March 2028.
With the petition now registered, it can be listed for hearing after the Tihar break, when the court reopens. A single bench, assigned through lottery, could issue an interim order maintaining the status quo and summon both sides. Such an order could allow Karki to return to his former position and prevent KC from functioning as police chief.
Alternatively, the bench could issue a show-cause order and summon both sides to discuss an interim arrangement, allowing KC to continue as police chief in the meantime.
Durga Dulal is a journalist associated with Kantipur Daily, covering law, justice, and constitutional affairs.
