Kathmandu, April 19
The Supreme Court today issued a habeas corpus writ ordering the government to release Sun Bahadur Tamang, ward chair of Ghyanphedi Rural Municipality-1, who was imprisoned in a human trafficking case.
Tamang, a resident of Ghyangphedi Rural Municipality-1 of Nuwakot was sent to jail four months ago to execute verdict delivered by Nuwakot District Court six years ago.
A division bench of justices Om Prakash Mishra and Purushottam Bhandari ordered the release of Tamang.
The apex court said Tamang was imprisoned on the basis of mere assumption and he should therefore be released from jail. The SC also quashed Kathmandu District Court’s January 22 order that had sent him to jail.
Senior Advocate Yadunath Khanal, who pleaded on behalf of Tamang in the SC today, said Tamang’s imprisonment in the human trafficking case was illegal because he was not the same Sun Bahadur Tamang who was convicted by Nuwakot District Court on December 12, 2011.
He said Tamang was a resident of erstwhile Ghyanphedi VDC-4 and his father’s name was Bir Bahadur Tamang. “It is a case of mistaken identity. Sun Bahadur Tamang who was convicted by Nuwakot District Court in a human trafficking case was a different person because the case file stated that his father’s name is Sukman Tamang and they were the residents of former Ghyangphedi VDC-ward-6.
Khanal said Sun Bahadur Tamang of Ghayngphedi VDC-4 and Ghyanphedi VDC-6 were two different persons and his client was a victim of witch-hunt.
Khanal said a wrong case of human trafficking was filed against his client again which mentioned his address as erstwhile Ghyangphedi VDC-4 and his father’s name Aitaman Tamang. In this case, Tamang has got bail.
Sun Bahadur Tamang, was elected ward chair of Ghyanphedi Rural Municipliaty-1 on Nepali Congress’ ticket.