Kathmandu, January 14

The Supreme Court today quashed the Baburam Bhattarai-led government’s decision to withdraw criminal cases against 227 individuals.

Constitutional bench of Chief Justice Kalyan Shrestha, Justices Sushila Karki, Baidhyanath Upadhyay, Gopal Parajuli and Om Prakash Mishra delivered the verdict.

Advocate Madhav Basnet had filed a petition against Bhattarai government’s decision to withdraw cases against 227 individuals.

Sarita Moktan, Bechani Devi, Rupiya Devi and Bishweshwar Mandal had also separately filed petitions demanding repeal of the government’s decision to withdraw cases against some individuals.

All these cases were filed four years ago.

According to spokesperson for the Supreme Court Nahakul Subedi, the court observed that the government’s decision to withdraw criminal cases against those individuals was against the constitution, existing laws and judicial precedents set by the Supreme Court.

The court quashed the government’s decision to withdraw criminal cases against those individuals, observing that the government’s decision was arbitrary, discriminatory and politically motivated.

The court also observed that the government’s decision violated government’s own guidelines about withdrawing cases in which the government is plaintiff.

The apex court also issued a writ of mandamus telling the government to resume the cases and lawfully adjudicate them.

Senior Advocate Prakash Mani Sharma had also filed a petition demanding that Section 29 (1) of the Government Case Act, 1992, which authorises the government to withdraw cases in which the government is plaintiff, should be repealed.

On this case, the apex court said there was no need to repeal the provision, as the government’s decision could always be a subject of judicial review.

Advocate Madhav Basnet had argued in his petition that the government withdrew criminal cases against those individuals on the basis of the recommendation made by political parties which was against its own guidelines that it had enacted on August 21, 1998.

Basnet said the government suspended the guidelines for 2-3 months and withdrew criminal cases against some individuals during that period.

He argued that the government should publish the guidelines before deciding to withdraw any case and should also seek opinions of the government attorney and the police. “Often the police and the government attorneys do not even know that the cases they are dealing with are being withdrawn by the government,” Basnet said.

INSEC Chair Subodh Raj Pyakurel welcomed the apex court’s decision.

He said there were clear guidelines as to which cases the government could withdraw, but in these cases, the government violated those guidelines.

“The   government should have the power to withdraw cases to prevent indictment of innocent people but this power of the government should not be misused,” he added.

Pyakurel said victims like Biren Rajbanshi of Jhapa, who was imprisoned for 12 years just because his name matched with somebody else, should be the ones to benefit from the government’s power to withdraw cases.