SC nixes plea demanding fair treatment of accused
Kathmandu, March 10:
The Supreme Court today quashed a writ petition that sought its order to the government and the police not to treat accused or undertrials unfairly unless convicted and not to proclaim such persons as criminals unless proved guilty.
A division bench of Supreme Court Justices Min Bahadur Rayamajhi and Sharada Prasad Pundit declined to issue the order to the Home Ministry and the police headquarters. The bench said that if anyone is ill-treated he or she can move the court for compensation. The judges added there was no need for any order in this regard.
Advocate Madhav Kumar Basnet had filed the petition citing examples of accused persons treated as already convicted right after arrest. He also claimed the police had no right to post their names or photos on television even if the said persons had been arrested for alleged theft, robbery or drug-smugglings.
The petitioner had also claimed the police has been proclaiming accused person criminals on television and in newspapers in a wrong manner. “Any person might be arrested on any charge but he should not be treated as a criminal unless proved guilty by a court of law and such a person should not be proclaimed a criminal,” he added.