Sunsari/Kathmandu, Sept 22
Nepal Communist Party (NCP) Co-chair Pushpa Kamal Dahal today indicated that Rastriya Janata Party-Nepal lawmaker Resham Chaudhary, who was held guilty for the Tikapur carnage, might be released.
Addressing the Jitiya festival organised at Jhumka town of Sunsari district, Dahal disclosed that the party had decided in principle to withdraw false charges levelled against Tharus in connection with the Tikapur carnage. “Lawmakers elected by the people will be freed,” Dahal said, indicating that Resham Chaudhary may be released.
Kailali District Court had, on March 5, sentenced Chaudhary to life imprisonment, holding him guilty of playing a role in the murder of eight security personnel, including Nepal Police SSP Lakshman Neupane.
Advocate Sunil Ranjan Singh said although Dahal hinted that Chaudhary could be freed, it would not be easy for the government to do so. He said the Supreme Court had set precedents barring the government from giving amnesty in serious cases such as rape, organised crime and murder. Even if the government wanted to give amnesty in such cases, it could not do so without the consent of victims and the concerned court, he added.
Singh said the SC had observed in some cases that the Office of the Attorney General could not withdraw charges in wholesale manner. “The OAG should offer reason for granting amnesty on case to case basis, not in a wholesale manner,” Singh added. He said when NC Vice-president Bimalendra Nidhi was the home minister, he wanted to withdraw false cases slapped against cadres of Madhesi parties, but he could not do so due to former attorney general Raman Kumar Shrestha’s reluctance to submit reasons for withdrawal on a case to case basis.
RJP-Nepal and Samajwadi Party-Nepal have been demanding withdrawal of cases against dozens of their cadres who they say were falsely indicted during the Madhes and Tharuhat movement.
A version of this article appears in print on September 23, 2019 of The Himalayan Times.