The Supreme Court (SC) on Friday has sought written response from the government on the Kalapani border dispute with India.
A bench of Chief Justice (CJ) Cholendra Shumsher Rana hearing the writ of mandamus registered by advocate Kanchan Krishna Neupane on Wednesday seeking an order to the government to take necessary steps to reclaim the Nepali land encroached by India at Susta, Kalapani and Limpiyadhura has demanded written response from the government.
The writ claims that the government has remained silent without taking necessary diplomatic initiative even when Nepali land is encroached and wants the SC to spur government into action calling its inaction against national interests.
The applicant has demanded a mandamus ordering the government to safeguard the rights of Nepal and Nepalis, the rights of the sovereign people about national security and territorial integrity, nationalism, national independence and self-respect, and secure the borders for national benefit.
"Do issue a mandamus or any necessary order in the name of defendants to work for national benefit by taking diplomatic initiative and issuing rules, regulations and instructions necessary for return of encroached land including that in Susta, Kalapani and Limpiyadhura and demarcation of boundary," the writ states.
The inclusion of Lipu Lekh and Kalapani of Nepal in the new political map published by India has been widely condemned with the ruling and opposition parties alike protesting the Indian act. The all-party meeting convened by Prime Minister KP Sharma Oli Saturday evening decided to initiate formal dialogue with India about Kalapani and Lipu Lekh.
The government has already stated that Nepal does not accept the map issued unilaterally by India. "The Nepal government is clear that Kalapani area is part of Nepal," the Foreign Ministry said issuing a statement last Wednesday. "It is clear that outstanding border issues between the two countries should be concluded with bilateral consensus, and any decision taken unilaterally will not be acceptable for Nepal government."
The ministry stressed that border disputes between the two friendly neighbors should be resolved through diplomatic channel on the basis of historic documents and evidence.
Government Spokesperson and Minister for Communication and Information Technology Gokul Baskota on Thursday elaborated on the historic evidence on Thursday pointing that Nepal conducted a census in the area in 2018 BS and has historical evidence proving Nepal collected tax from the surrounding areas in the past. "That shows that the land was in Nepal's control in the past for one cannot go to another country and conduct census and establish revenue offices," he argued.
The Indian government, meanwhile, has said it is committed to finding a solution to border disputes with Nepal through dialogue.
Responding to a question about the outrage against Indian in Nepal over inclusion of Lipu Lekh and Kalapani of Nepal in the new political map published by India and the Indian government's response to the statement issued by the Nepali Foreign Ministry on Wednesday during the weekly media briefing on Thursday, Spokesperson at the Indian Ministry of External Affairs Raveesh Kumar claimed that the new map does not change the Indian borders with Nepal in any way.
"Our map accurately depicts the sovereign territory of India. The new map has in no manner revised our boundaries with Nepal," he stated. "The boundary delineation exercise with Nepal is ongoing under the existing mechanism. We reiterate our commitment to find a solution through dialogue in the spirit of close and friendly bilateral relationship."
He also hinted that the current uproar in Nepal may have been stirred by some vested interests and called for a need to guard against such interests. "I think this is very important to note, that both sides should guard against vested interests who are out there to create some differences between the two countries."
