Apex court orders pre-trial release of Dr KC
Kathmandu, January 10
The Supreme Court today ordered the pre-trial release of Dr Govinda KC without bail, besides ordering to procure copies of Chief Justice Gopal Parajuli’s two citizenship certificates, Judicial Council’s decision on his age controversy and copies of his academic certificates. Dr KC was released on the basis of a promise made by him to return to court for hearing.
After the court order, Dr Govinda KC was handed over to his lawyer, Senior Advocate Surendra Bhandari.
A division bench of Justices Purushottam Bhandari and Bam Kumar Shrestha passed the order saying that the issues raised in the case would be decided by the court in the final hearing.
The court also ordered to procure the Supreme Court’s verdict delivered on a writ petition filed by Dr Shashi Sharma against the vice chancellor of Tribhuvan University and the prime minister.
Dr KC deposed before the court that he respected the judges who dispense justice, that he did not make any hateful statement against the court and that he only made fair criticism to prick the conscience of the court and society. The bench also took note of Dr KC’s health while ordering his release on personal recognizance.
Dr KC spoke twice in his defence. “I am not scared of dying and I am not scared of contempt of court punishment. My fight is against Gopal Parajuli, not other judges. If I have erred it was not a deliberate mistake, please forgive me,” Dr KC said with folded hands.
Dr KC said he did not want the court to show mercy. “I want the cases to be investigated against Gopal Parajuli and he should be suspended till the case is adjudicated,” he added.
Arguing on behalf of Dr KC, Senior Advocate Surendra Bhandari said his client had raised serious charges of forgery against CJ Parajuli and therefore the court should pass an order to the government attorneys telling them to immediately arrest CJ Parajuli. He added that the bench should seek affidavit from the CJ on why he promoted Chief Registrar of SC Nahakul Subedi thrice in six months, and why the CJ secured a job for his nephew at the Commission for the Investigation of Abuse of Authority after delivering a verdict in favour of Lok Man Singh Karki.
Bhandari said his client accused the CJ of being corrupt because he promoted Subedi thrice in six months. He also argued that his client called CJ Parajuli criminal because he believed that the CJ had committed forgery by obtaining two citizenship certificates.
Senior Advocate Krishna Prasad Bhandari said he faced contempt of court charges when he accused former chief justice Surendra Prasad Singh of being corrupt but he was acquitted.
Senior Advocate Dinesh Tripathi said merely scandalising the court could not amount to contempt of court in the new jurisprudence which the SC should embrace.
Pleading on behalf of petitioner Netra Bandhu Aryal, former attorney general Raman Kumar Shrestha said Dr KC committed criminal offence of contempt of court and the court should impose maximum punishment on him.
Senior Advocate Shyam Kharel said Dr KC made contemptuous remark as he said that the court was being run by a gang who bought justice.
The next hearing of the case is on February 20.
SC releases Dr Govinda KC on general date
KATHMANDU: The Supreme Court on Wednesday has ordered the release of Dr Govinda KC on general date.
Justices Purushottam Bhandari's and Bam Kumar Shrestha' s joint session bench ordered the release of KC and passed the verdict that KC be handed over to his lawyer Surendra Bhandari.
Earlier, KC was arrested from sit-in-protest spot on the charge of contempt of court soon after he announced his 14th hunger-strike on Monday demanding resignation of Chief Justice (CJ) Gopal Parajuli.
The SC has also ordered to bring to the court both citizenship certificates issued to Chief Justice Gopal Parajuli by District Administration Office, Kathmandu along with the copies of Parajuli's educational qualification.