The apex court said transitional justice issues could not be postponed indefinitely
KATHMANDU, MARCH 5
CPN-Maoist Centre today issued a press release condemning the Supreme Court's order to register a writ petition filed against Prime Minister Pushpa Kamal Dahal for his public statement in January 2020 that he could be blamed for only 5,000 deaths and not 17,000 deaths during the people's war.
A division bench of Justices Ishwar Prasad Khatiwada and Hari Prasad Phuyal had passed the order, the full text of which was released by the court today.
The CPN-MC cannot tolerate any act that goes beyond people's war, popular movement of 2006, the constitution framed by the Constituent Assembly whose basic principles are federalism, secularism, inclusion and democratic republican order, and forward-looking changes. It condemns any act against these things, the CPN- MC stated in its release.
The ruling party said it wanted to remind the concerned agencies that the writ petitioner brought the petition against Dahal with malicious intent and the petition was against the principles of judicial review and freedom of expression guaranteed by the constitution.
The CPN-MC also warned government agencies against accepting jurisdiction in cases that fell under the jurisdiction of truth and reconciliation mechanisms, moving any proceedings ahead or taking action on those issues. Stating that any act against the peace process could pose serious challenges, the ruling party urged people, political parties and international community that supported the pace agreement to unite. The party also urged all forward-looking political forces to unite against regressive forces that are raising their head against political gains.
PM Dahal today addressed a programme and said all Maoist leaders needed to unite against regressive forces' attempt to reverse political gains.
Former prime minister Baburam Bhattarai said the court was flexing its muscles by allowing a petitioner to file a case against the sitting prime minister for his political statement two years ago.
Bhattarai also said that the Maoist leaders needed to introspect and come under a united banner albeit in a different name, not as the Maoist party.
The SC ruled in its order that transitional justice issues cannot be prolonged for indefinite period.
The division bench of the Supreme Court said it had ruled in a case filed by Suman Adhikari against the prime minister and the Council of Ministers seven years ago that there could be no amnesty or any concession in cases that had to do with serious violations of human rights.
Stating that the petitioners had argued that even 16 years after the transitional justice process started, conflict victims had not got justice, the SC said that it was imperative for the government to ensure timely justice for the victims and not encourage impunity in any form.
The top court also mentioned the petitioner's argument that the two transitional justice mechanisms were effectively inactive and had failed to deliver meaningful results.
"Criminal justice process cannot remain inactive, void or ineffective," the SC observed, adding that the issue of justice and reparation for conflict victims should not be prolonged for indefinite period.
"At a time when transitional justice mechanisms are ineffective, it cannot be deemed constitutional, just, and logical to argue that the petitioner has no right to raise the issue saying the transitional justice mechanisms have not addressed the issues of transitional justice, or they are ineffective. Therefore, the court hereby repeals the registrar's decision to refuse the petition," the SC observed.
A version of this article appears in the print on March 5, 2023, of The Himalayan Times.
