KATHMANDU: Despite pressures on the government and the Nepal Army (NA) from national and international quarters to produce Major Niranjan Basnet before a civilian court to face a murder charge, the warring parties are not keen to settle the case in a legitimate way.

Neither the victims, who are raising voice for justice backed by human rights organisations, nor the NA are ready to settle the issue reasonably. When Major Basent was repatriated from the UN peacekeeping mission in Chad, the NA's commitment for human rights protection was questioned following its refusal to produce the official before the Kavre District Court.

The issue is getting more serious by the day, with rights groups seeking a softer stance of the national army, which does not want to surrender before the NGOs and INGOs.

"We won't surrender before the NGOs and INGOs as they have been creating hurdles in settling the case," a high-ranking NA officer told The Himalayan Times today.

The NA officer argued that it would be unlawful to produce Basnet in a civilian court again since the murder-accused in Maina Sunar case had been punished as per the decision of the military court.

"Since the court of inquiry is looking into the case, we won't produce him before the Kavre Court. We are ready to settle the case in a win-win situation," the official clarified.

Though the NA claim is logical, it is not easy for the national army to avoid the District Court's arrest warrant for the latter holds jurisdiction into the case.

And if the NA considers it wrong, it should choose a legal remedy against the lower court order.

"They are bound to follow the court order. If they believe that the Kavre Court order is illegal, they should move a higher court to nullify the same," Govinda Sharma Bandi, human rights advocate argued.

When a civilian court orders a military personnel, the NA is bound to adhere to the order and produce the staffer before the civilian court for the sake of justice since the NA and the Military Court are under the supervision of the apex court as per the Military Court Act, 2006.

When the National Human Rights Commission (NHRC) broke its silence on this case, Major Basnet's surrender before the civilian court would be the best solution. The NHRC stance proves the gravity of the matter.

The NA offered the mother of the deceased girl reparation but her refusal to accept the grant complicated the issue. It is now for the court to see whether or not Major Basent was involved in the crime, once he surrenders. The NA does not have authority to bypass the judiciary merely on the ground that it has formed a court of inquiry.