SC tells MP Resham Chaudhary to face trial
Kathmandu, December 24
The Supreme Court today passed an order saying that newly elected Member of Parliament Resham Chaudhary has to face trial in the Tikapur killing case before availing of services delivered by the state or benefiting from his rights. “If an accused, who has deliberately disobeyed or evaded a court procedure, is allowed to avail of the state’s services and to use his/her rights through an avenue that is not supported by law, then there will be impunity,” read the order passed by a single bench of Justice Tanka Bahadur Moktan.
The court added that if an accused was innocent then s/he had to seek acquittal by following legal procedures. “This petitioner, who has clear knowledge of him being indicted in a murder case, clearly appears to have disobeyed the arrest warrant issued against him,” the bench observed.
The bench passed the order on a petition filed by Chaudhary through his attorney Sunil Kumar Chauhan against a refusal order of SC Chief Registrar Nahakul Subedi. Subedi had earlier refused to entertain a petition filed on behalf of Chaudhary seeking to receive Chaudhary’s election victory certificate through his wife. The EC refused to issue Chaudhary’s election victory certificate to his wife who he had authorised to receive it, said Chauhan.
The Supreme Court validated its Chief Registrar Subedi’s refusal order attached to his petition on December 15. “It will be wrong to argue that a person who has evaded court proceedings can take benefit granted by the constitution or laws,” the bench observed. The SC also observed that petitioner Chaudhary, against whom an arrest warrant was issued in Tikapur killing case, had not faced trial, but disobeyed the arrest warrant. “A person, who has been indicted in a case, must seek acquittal as per the law following legal process. The petitioner does not appear to have fulfilled this requirement,” the SC observed.
Eight security personnel were brutally murdered on August 24, 2015, by a violent mob. A two-year child was also shot dead. Chaudhary won from Kailali-1 for RJP-N by a margin of more than 20,000 votes.
SC decision paves way to arrest absconding Resham Chaudhary
KATHMANDU: The decision of the Supreme Court to uphold the rejection of the registration of a case relating to murder accused Resham Chaudhary, has paved a way to arrest him.
Chaudhary is elected as a member of the House of Representatives from Kailali-1 as independent candidate.
A single bench of SC Justice Tanka Bahadur Moktan upheld the decision of rejecting the registration of case brought to the court on behalf of Chaudhary.
When Chaudhary tried to file a case at SC, demanding his right to receive the certificate of the election of House of Representatives, the SC administration had rejected the registration of the case.
Earlier, the District Election Office, Kailali, had rejected to provide the certificate of election victory to Chaudhary.
Chaudhary has been accused of Tikapur scourge, where seven security persons and children were killed on September 13, 2015.