Kathmandu, January 6:

The Maoist-led government today informed the Supreme Court (SC) in writing, defending its decision on withdrawal of criminal cases. The ruling coalition observed a decision to this effect was taken by the cabinet on October 27.

“The cabinet had taken the decision upholding the spirit of the constitution. It ensures to restore lasting peace as agreed upon in the Comprehensive Peace Accord (CPA),” Dr Bhoj Raj Ghimire, chief secretary, stated in his reply to the apex court.

The chief secretary’s rejoinder came in the wake of a show cause notice served by the SC on the government. The notice was issued following a writ petition, which was filed by Krishna Mahato, challenging the government’s decision to withdraw criminal case against Siya Ram Mahato.

The petitioner had sought the apex court’s certiorari order to overrule the cabinet nod.

The SC issued a stay order on January 1, regarding a Public Interest Litigation (PIL), which was filed by advocates Madhav Kumar Basent, Lokdhoj Thapa and Binod Phuyal.

Taking cognisance of the PIL, Justice Bala Ram KC issued the decree, turning down the government’s decision to withdraw criminal cases, pertaining to murder, rape and robbery.

Dr Ghimire, however, defended the government’s move, claiming it wanted to implement Article 5.2.7 of the CPA. The article states that the government withdraws cases filed against political leaders and cadres as enshrined in Article 166 (3) of the Interim Constitution, 2007.

He also cited Government Case Act, 1992 and the agreement signed with United Democratic Madhesi Front to bolster his argument.

“The constitution authorises the government to withdraw cases filed against political leaders and cadres related to conflict,” added the chief secretary.