KATHMANDU, MAY 16

The Supreme Court served a blow to Tharu leader Resham Chaudhary by upholding the lower court's verdict of life imprisonment for his role in Kailali carnage.

Kailali District Court had, in March 2019, sentenced Resham Chaudhary to life imprisonment (20 years in prison) for his role in the Tikapur carnage, which had been endorsed by Diapayal High Court.

A division bench of Justices Ananda Mohan Bhattarai and Nahakul Subedi endorsed the lower court's verdict in the case of Resham Chaudhary who remains incarcerated at Dillibazar Prison. Resham Chaudhary who had absconded after the incident surrendered on 26 February 2018.

In the Parliamentary elections held five years ago, Chaudhary had won from a Kailali constituency but due to his conviction he remains in prison.

Chaudhary opened a new party - Nagarik Unmukti Party - which won four parliamentary seats in the last general election. His wife Ranjita Shrestha, who chairs the party, is currently the minister of Land Management, Cooperatives and Poverty Alleviation.

NUP had made Chaudhary's release a key issue in the ruling coalition.

In the case of another Tharu leader Laxman Tharu, the SC overturned Dipayal High Court's verdict and endorsed Kailali District Court's decision to send him to prison for three years. Dipayal High Court had increased Laxman Tharu's sentence to life imprisonment plus five years jail term. As Laxman had already spent three years in prison during his trial, he was released from jail after Kailali District Court pronounced the judgement.

The top court acquitted two of the accused - Sitaram Chaudhary and Gangaram Chaudhary and ordered their immediate release. In the case of other appellants, the SC rejected the claims of those who had filed memorandum of appeal seeking acquittal in the case.

Kailali District Court had handed down life imprisonment to 11 people. Seven sentences were upheld by the high court. Among those seven accused whose life sentence was upheld by the high court were Resham Chaudhary, Hari Narayan Chaudhary, Pradip Chaudhary, Bir Bahadur Chaudhary, Rajesh Chaudhary, Sitaram Chaudhary, and Gangaram Chaudhary.

All the defendants who had filed appeals against their conviction will have the right to file judicial review in the Supreme Court and if the top court grants leave, they will have one more chance of legal recourse. Senior Advocate Lava Mainali, who specialises in criminal law, said that the SC rarely grants leave for filing judicial reviews and even when it does, those people who filed judiciary reviews rarely get the kind of legal remedies they seek.

'This is almost the end of legal recourse for defendants in the Kailali carnage case,'

Mainali added.

Sher Bahadur Deuba had brought an ordinance aiming to withdraw cases against Chaudhary and some other 'political prisoners' but then President Bidhya Bhandari never issued the ordinance.

The full texts of the order will be prepared later.

The court convicted Resham Chaudhary, along with 11 others for instigating the mass during Tharuhat movement in the district, which caused the loss of nine lives, including that of a toddler on 24 August 2015. Eight security personnel including Nepal Police Senior Superintendent (SSP) Lakshman Neupane were killed as the agitated mob ruthlessly targeted security personnel deployed to control the agitation.

Resham Chaudhary says he is innocent.

Fifteen people including Tharuhat leader Lakshman Chaudhary, Lahuram Chaudhary and two minors were released after the Kailali District Court verdict.

A case was filed against Resham Chaudhary along with 57 others for murder, attempt to murder, theft, among other charges. Thirty-one of the accused are still absconding. NUP leaders could not be contacted for comment on the SC verdict.

A version of this article appears in the print on May 17, 2023, of The Himalayan Times.