Once a writ petition is registered, PM Dahal will have no option other than to quit the post
MARCH 06
The ruling coalition, especially the CPN-Maoist Centre, has become anxious after the division bench of Justices Ishwor Prasad Khatiwada and Hari Prasad Phuyal of the Supreme Court (SC) ordered on Friday to register a writ petition against Prime Minister Pushpa Kamal Dahal for his public statement in January 2020 that he could be blamed for only 5,000 deaths during the decade-long Maoist insurgency.
As many as 15 family members of the conflict victims had earlier filed a writ petition demanding that Dahal be arrested and he be investigated on the basis of his public statement. But the SC Registrar Office had refused to register the petition, saying that the issue falls under the jurisdiction of the Truth and Reconciliation Commission (TRC).
However, the division bench allowed the petitioner to register their writ, overturning the SC registrar's decision, saying that the "criminal justice process cannot remain inactive, void or ineffective". The bench observed that the issue of justice and reparation for the conflict victim should not be prolonged indefinitely. The petitioners had stated that they did not get any justice even 16 years after the transitional justice process started and the TRC Act was enacted.
Reacting to the SC's decision to register the writ petition, the CPN-MC said, in its provocative statement, that the petition against Dahal had malicious intent, and it was against the principle of judicial review as well as against the freedom of expression.
A meeting of the nine political parties held at the PM's official residence on Sunday also condemned the SC's decision and vowed to face it unitedly. They have decided to amend the TRC Act as per the apex court's previous the apex court's previous verdict and international standard. However, the SC has already stated that there should be no blanket amnesty for heinous crimes, informed consent of the victims must be obtained even to give amnesty for minor offences, cases under consideration in the general court cannot be referred to the transitional justice commission, and there should be no statutory limitation relating to cases of rape and child soldiers, among others. It means once a writ petition against Dahal is registered with the SC, it cannot be referred to the transitional justice commission.
What is interesting to note is that the SC has allowed registering the writ petition when the presidential election is just round the corner. The SC's decision should be linked with the informal lobbying by a section of society that stressed the need for electing a person as head of the state who is not affiliated to any political party. Some former chief justices were lobbying to get elected to the top post well before the ruling alliance decided to field Nepali Congress leader Ramchandra Paudel to the post. When the ruling coalition partners, especially the Nepali Congress and CPN-MC, did not heed their suggestions, they must have used their clout to get PM Dahal into legal trouble. Once the writ petition is registered with the SC, PM Dahal will have no option other than to quit the post on moral grounds. As PM Dahal has publicly admitted that he would own up for the deaths of 5,000 people during the decade-long conflict, he must face legal consequences sooner or later. This issue will not die down that easily until it is settled by a competent court of law.
Once a writ petition is registered, PM Dahal will have no option other than to quit the post
A version of this article appears in the print on March 7, 2023, of The Himalayan Times.
