SC quashes BRB govt decision to withdraw criminal cases
KATHMANDU: The Supreme Court today on Thursday quashed the Baburam Bhattarai-led government’s decision to withdraw criminal cases against 227 individuals.
According to Spokesperson of the Supreme Court, Nahakul Subedi, the apex court observed that the government’s decision to withdraw criminal charges against those individuals was against the Constitution, existing laws and judicial precedents set by the Supreme Court.
The Court quashed the government’s decision to withdraw criminal cases against those individuals saying the government’s decision was arbitrary and discriminatory and politically motivated. The Court also observed that the government’s decision violated the government’s own guidelines about withdrawing cases in which the government is plaintiff.
The Constitutional Bench of Chief Justice Kalyan Shrestha and Justices Sushila Karki, Baidya Nath Upadhyay, Gopal Parajuli and Om Prakash Mishra delivered the verdict.
Advocate Madhav Basnet had filed a writ against the Bhattarai government’s decision to withdraw cases against 227 individuals.
Sarita Moktan, Bechani Devi, Rupiya Devi and Bishweshwar Mandal had also separately filed writs demanding repeal of the government’s decision to withdraw cases against some individuals.
All these cases were filed four years ago.
The apex court also issued a writ of mandamus telling the government to resume the cases and lawfully adjudicate them.
Petitioner advocate Madhav Basnet said he had argued in his writ that the government withdrew criminal cases against those individuals on the basis of the recommendation made by political parties which was against its own guidelines that it had enacted on August 21, 1998.