KATHMANDU: Despite the mounting national and international pressures to try Major Niranjan Basnet in the civilian court, a top Nepali Army (NA) officer said that the NA was not legally obliged to do so.

“Maj Basnet will not be produced at the civilian court as demanded by the Home Ministry and other human rights organisations,” the officer told The Himalayan Times today.

“He was found innocent in a court martial already. Therefore, he cannot be tried in the civilian court again as it will be against the principle of double jeopardy,” the army officer argued over the telephone.

Major Basnet was already tried in the military court under Military

Act, 1959, and Constitution of the Kingdom of Nepal 1990.

According to the constitution of 2047 BS and Military Act 2016, only the military court possesses the authority to file the case and punish the army personnel. There was not any provision to try the army personnel in the civilian court whatsoever.

The NA officer further reasoned that Terrorist and Destructive Activities Act was still active

when the Sunar incident occurred” “This is

another legal ground as per which the NA is not bound to present him at the civilian court”.”

However, Interim Constitution has adopted the principle of independent judiciary, thus empowering the court to enforce its authority regarding the administration of justice. Similarly, new Military Act 2006 provides for the adjudication of murder cases by the civilian courts when the case involves murder of civilians by army personnel. However, the NA has been claiming that in the Basnet’s case the then constitution of the country and Military Act were applied. Moreover, Basnet already got the clean cheat from the military court. “

“The recent Court of Inquiry is intended only to find out whether he was repatriated from the UN mission in Chad but not to punish h”m,” said the army officer.