KATHMANDU, MARCH 10
The Supreme Court has refused to issue an interim order on the case filed by Advocate Gyanendraraj Aran and others against CPN-Maoist Centre Chair Pushpa Kamal Dahal seeking to arrest and punish him for saying that he could take the responsibility only for 5,000 deaths during the Maoist insurgency period.
A single bench of Justice Ishwar Prasad Khatiwada refused to issue the interim order saying there was not enough reason to do so. The bench observed that the issues raised in the case would have to be adjudicated in accordance with the constitution, precedents set by the SC on different cases and international laws.
The court had listed the case for priority hearing, keeping in mind its seriousness. Priority hearing means the case will be accorded priority in the hearing.
The top court has also issued show cause notices to the defendants telling them to furnish written replies within 15 days.
This week, two writ petitions were filed against CPN-MC Chair and Prime Minister Pushpa Kamal Dahal and others at the SC.
Advocate Gyanendraraj Aran and Kalyan Budhathoki and others had filed writ petitions against Dahal for his statement made in January 2020 saying that he could take the responsibility only for 5,000 insurgency-era deaths not 17,000.
The petitioners moved the top court after a division bench of the SC comprising justices Ishwar Prasad Khatiwada and Hari Prasad Phuyal, on March 4, ordered the court administration, which had earlier attached refusal order, to admit the two writ petitions.
The petitioners have claimed that since the CPN-MC started the 'people's war', Dahal being the chief of the party should take responsibility for all insurgency-era deaths. They also said that not owning up responsibility for other incidents such as hostage taking, rape, displacement, forceful eviction, enforced disappearances, maiming and putting people in concentration camps during the Maoist insurgency was ironical.
A version of this article appears in the print on March 11, 2023, of The Himalayan Times.
