Kathmandu [Nepal], November 2 : The Supreme Court of Nepal on Sunday issued an interim order against the government's decision to recall 11 Nepali ambassadors from various countries.
A joint bench of Justices Saranga Subedi and Shreekanta Poudel passed the order on Sunday, concluding the hearing that began on Friday.
The top court observed that the decision could affect Nepal's relations with the host countries and questioned the necessity and justification behind recalling only 11 ambassadors appointed by the previous government.
"It appears that the terms of office of the eleven ambassadors who were recalled had not yet expired, the reasons for their recall were not mentioned in the cabinet decision, and no action appears to have been taken regarding the appointment of new ambassadors to the vacant positions," a portion of the interim order stated.
The apex court also referred to the objective and limited tenure of the current government. "Furthermore, the statement from the President's office dated 2082.05.27 (September 11, 2025) indicates that the current interim government was formed to conduct another election for the House of Representatives within six months, as per the constitutional provisions entrusted to the President by the Constitution of Nepal.
Considering this statement and the dissolution of the House of Representatives by the President on 2082.05.27 (September 12, 2025) upon the recommendation of the Prime Minister, and also taking into account Article 292 of the Constitution of Nepal, it appears that the ambassadorial positions cannot be filled immediately," the order stated.
The Sushila Karki-led administration, during a cabinet meeting on September 16, had decided to recall the 11 ambassadors, most of whom were appointed by the KP Sharma Oli-led government.
The cabinet meeting had decided to recall Nepali ambassadors to China, Germany, Israel, Qatar, Russia, Saudi Arabia, Spain, the United Kingdom, the United States, and Japan.
Those recalled include Krishna Prasad Oli (China), Shail Rupakheti (Germany), Dhan Prasad Pandit (Israel), Ramesh Chandra Paudel (Qatar), Jang Bahadur Chauhan (Russia), Naresh Bikram Dhakal (Saudi Arabia), Shanil Nepal (Spain), Chandra Kumar Ghimire (United Kingdom), Lok Darshan Regmi (United States), and Durga Bahadur Subedi (Japan).
Following Sunday's interim order, the government will not have the authority to recall the ambassadors immediately. The cabinet decision last month had set November 6 as the deadline for the envoys to vacate their diplomatic missions and return home.
The writ petition challenging the government's decision was filed by advocates Pratibha Upreti and Anantaraj Luintel. They demanded the annulment of the recall decision, arguing that a caretaker government has no constitutional or political mandate to make decisions with long-term diplomatic consequences.
President Ramchandra Paudel appointed Sushila Karki as Prime Minister on September 12, with a mandate to conduct parliamentary elections by March 5. Petitioners contended that recalling and reappointing ambassadors under such a limited mandate was not only inappropriate but also inconsistent with constitutional norms.
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