KATHMANDU, APRIL 30
The Supreme Court of Nepal has issued a mandamus order directing the government to expedite the long-pending transitional justice process by accelerating investigations into conflict-era cases.
A constitutional bench comprising Acting Chief Justice Sapana Pradhan Malla and justices Manoj Kumar Sharma, Nahakul Subedi, Abdul Aziz Musalman and Tek Prasad Dhungana directed the Truth and Reconciliation Commission and the Commission of Investigation on Enforced Disappeared Persons to intensify investigations into pending complaints and ensure justice for victims of the conflict era.
Supreme Court spokesperson Arjun Prasad Koirala said the mandamus order was issued to remove obstacles to access to justice, stressing that effective investigations are essential for concluding the transitional justice process. The court also reminded the government of its earlier directive orders on the matter.
According to the court, the third amendment to the Act relating to transitional justice mechanisms, 2081 (BS), aligns with international standards, Supreme Court verdicts and existing laws.
The writ petition was filed by former Constituent Assembly member Kul Bahadur Gurung and advocate Gyan Bahadur Basnet, naming the Prime Minister's Office as the defendant and arguing that the third amendment to the Act was unconstitutional.
The petitioners, however, also called for the timely conclusion of the transitional justice process through comprehensive investigations into complaints.
The amendment replaces the term "serious violation of human rights" with "human rights violation" or "serious violation of human rights." In their petition, Gurung and Basnet argued that only the term "serious violation of human rights" should be retained.
(With inputs from Rastriya Samachar Samiti)
