"The JC decided to suspend Judge Karki for his controversial decision to release offenders involved in kidnap and murder," JC Secretary Jeevan Hari Adhikari informed myrepublica.com. A meeting of the JC chaired by its chairman Chief Justice Ram Prasad Shrestha took a decision to this effect and set a precedent in JC history. [break]
The JC has also formed a single-member high-level probe of Supreme Court Justice Balaram KC to investigate Judge Karki´s controversial verdicts to release offenders - including Sanjay Shrestha, Rohit Paliwan Agrawal and Bhimsen Pandit - who have been repeatedly arrested by police on kidnap and murder charges and released on bail each time.
Karki, as judge at Kathmandu District Court, had ordered release of the offenders involved in kidnap and murder, against very low bail.
According to the JC, Karki had released the three offenders on June 24, 2008 against Rs 125,000 as bail.
Judge Karki also decided to release the three offenders, who were again charged with kidnap and murder in another case, against Rs 35,000 as bail.
- Karki released repeatedly arrested and freed offenders on low bail in two cases
- JC formed panel to investigate Karki´s controversial decisions
- Probe to also investigate other judges who released offenders as freed following Karki´ order
- Offenders released under Karki´s decision learnt to be involved in Dr Bhaktaman Shrestha´s abduction
Two crime victims, Binod Kumar Neupane and Omkar Bhattachan, had lodged two separate complaints at the district court against Shrestha, Agrawal and Pandit two years ago.
After hearing Neupane´s complaint, Judge Karki decided to ask Rs 125,000 as bail and release the offenders. As for Bhattachan´s complaint he asked Rs 35,000 as bail to release the offenders.
"Karki violated Clause 4 of the Judicial Council Act while conducting his duty as Kathmandu District Court judge and ordering the release of offenders on bail," reads the JC decision, adding, "The JC will decide the action to be taken against him after receiving an investigation report by the probe."
"This is a bold decision by the Judicial Council to suspend an incumbent judge on charges of taking controversial decisions," Adhikari added. The JC also shoulders responsibility for overseeing disciplinary matters concerning judges, including those of the apex court.
The probe, which has been authorized to submit its report in a month, has also been mandated to investigate other judges who likewise released the three accused. The JC´s preliminary investigation shows that these three offenders were freed many times under various orders issued by different judges.
"The probe has been entrusted with interrogating the suspended judge, other judges involved in issuing decisions to release offenders and officials concerned, and submit a report with its recommendations," reads the JC decision.
Sources said that the JC initiated its preliminary investigation against Judge Karki following statements by those involved in Dr Bhaktaman Shrestha´s kidnapping. Those arrested recently by police on charges of abducting Dr Shrestha gave out secret information that Sanjaya Shrestha, Agrawal and Pandit were also involved in the abduction.
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