Himalayan News Service

Lalitpur, July 11:

Legal experts today called for amending 22 security-related Acts in order to make it compatible with the 1990 Constitution and international human rights laws.

Retired Supreme Court justice, Top Bahadur Singh, said there is a need to amend the provisions of the Military Act 2016 as there are some provisions which contradict the Constitution and the international laws. He said that some authority should be shifted to ordinary courts from the military court so that cases can go on trial impartially, especially if a military personnel is alleged to have been involved in the murder or rape of a commoner. “In such a case, right should be given to the ordinary court to ensure an impartial hearing,” he added. Singh said this while addressing a workshop on ‘Review of security-related laws’ organised by the National Human Rights Commission (NHRC) today.

The NHRC is reviewing 22 security-related laws which includes the Military Act, Police Act, Armed Police Act, Local Administration Act, Public Peace and Security Act, State Offence Act, and the Jail Act.

The NHRC’s national advisor, Bhimarjun Acharya, while presenting his research paper claimed that there are at least 200 provisions in these 22 Acts which contradict the Constitution and the international laws. Acharya stressed on curbing the rights of the military court and the Chief District Officer in order to ensure a fair trail. The Nepal Bar Association’s vice-chairman, Sher Bahadur KC, urged the NHRC to press the government to promulgate the Security Council Act and its Regulation so that the military can function in a transparent and scientific manner. “The people have the right to know how the military is operating.”

Advocate Tikaram Bhattarai urged the government to dismiss the Regional and Zonal Administrators as they were appointed unconstitutionally. He said that security personnel are illegally detaining people without issuing warrants and notices. However, the NHRC member, Dr Ram Dayal Rakesh, stressed on treating political detainees in a special manner. He criticised the government for detaining the leaders but not fulfilling their humanitarian needs.