KATHMANDU, JUNE 27
The Supreme Court has ordered the government to allow prisoners to vote in the upcoming parliamentary elections likely to be held in November.
A single bench of Justice Sapana Malla Pradhan passed the interim order in response to a writ petition filed by Nishant Pokharel and others against the government.
The bench also issued a show cause notice to the government telling it to submit a written reply within 15 days. The SC issued the order on June 24 but released its full text today. The apex court stated that the government should ensure that names of prisoners and detainees were in the voter list for proportional representation elections.
The SC observed, "It's not that all the fundamental rights of the prisoners are automatically curtailed or suspended." "Prisoners cannot be deprived of their freedom - except the freedom of movement."
The SC had set precedent earlier that all other fundamental rights of prisoners and detainees except their right to movement cannot be curtailed. The SC stated that in the Election Commission's book, Nepalko Nirbachan Itihas, it was mentioned that prisoners' names were in the voters' list during the 2008 and 2013 Constituent Assembly election.
The petitioners have named the Prime Minister's Office, the Council of Ministers, the Home Ministry, and the EC as defendants.
Advocate Dinmani Pokharel, who pleaded on behalf of petitioners, said his clients sought interim order only for PR elections, as it would be difficult to manage the election process if voter list for the first-past-the-post was also updated.
He said his clients had sought court order to ensure voting rights for prisoners and detainees in all types of election, including the firstpast-the-post and the proportional representation elections at all levels of governments -- federal, provincial, and local levels.
Pokharel said it would be unfair on the part of the EC to deny voting rights to jailbirds and detainees, as their names were in the temporary voter list during 2008 and 2013 CA elections.
Pokharel said he also cited examples of Australia, South Africa, and some European countries where prisoners were allowed to exercise their voting rights.
Petitioner Nishant Pokharel said the EC had set up election booths in jails during CA elections and there was no reason why it should not ensure voting rights for prisoners and detainees.
The SC had also directed the government to ensure voting rights for Nepali migrant workers staying in foreign countries.
The EC has been updating voters' list for the upcoming federal and provincial polls since June 15.
A version of this article appears in the print on June 28, 2022, of The Himalayan Times.
