Writ petition filed against home ministry

Kathmandu, May 31

A group of nine advocates and an ordinary citizen today filed a writ of certiorari at the Supreme Court demanding repeal of the use of terms ‘offender’s record, offender’s name, surname and address’ in the forms used by police detectives in the course of their investigations in criminal cases.

The group has named Ministry of Home Affairs and Nepal Police Headquarters, Metropolitan Police Range, Teku; Metropolitan Police Circle, Gaushala; Metropolitan Police Circle, Kirtipur; Metropolitan Police Circle, New Baneshwor and Metropolitan Police Circle, Maharajgunj as the defendants in the case.

Raju Tamang, of Sindhupalchowk district who claims to have been directly affected by the defendants’ act is also a petitioner in the case.

The petitioners have argued that use of such phrases in the course of investigation of criminal cases was against people’s right to justice. The advocates said the use of the term ‘offender’ before the court convicts somebody is against the spirit of the laws.

They have said the principle of presumption of innocence was a universal principle which the opponents should not violate. The petitioners have cited provisions of national and international laws in defence of their arguments.