Apex court orders prosecution system reform

KATHMANDU: The Supreme Court today drew the attention of the government authorities to improve the existing prosecution system.

A division bench of justices Bala Ram KC and Sushila Karki issued an order to Inspector General of Police and the Attorney General asking the latter to proceed with the prosecution of a person on the basis of evidence, and not merely on the basis of statement of confession or admission. The bench also directed to investigate any case on the basis of the facts and evidential value.

Making public its full text of judgment today, the bench said that the prosecution must be evidence-oriented and evidence supported prosecution should be in place.

The bench was responding to a case filed by the government against three persons hailing from Kapilvastu, who were allegedly involved in brown sugar smuggling. They include Magare Khan, Om Prakash Kahar and Koushal Kandu Gupta. The bench convicted Khan but issued clean chit to the other two.

Stating that since the public have the right to get justice from the independent, impartial and competent court, the bench said that the state did not have authority to prosecute anyone without sufficient evidence.

“We should be free from the syndrome of prosecution and investigation without the prosecution based on evidence,” the bench observed.