A single bench of Justice Sushila Karki issued the order in response to two writ petitions filed separately at the apex court against the ordinance. [break]
A group of lawyers led by advocate Madhav Kumar Basnet moved the apex court arguing that the provisions in the TRC ordinance to give amnesty even to those involved in heinous crimes is against the principle of transitional justice and international humanitarian law.
“The provision that the TRC as per its discretion can give amnesty for any crimes apart from rape has deprived the victims of the right to legal remedy,” reads the writ petition.
The second writ petition, which was filed by the victims of the conflict, has demanded the apex court to scrap clause 13, 23, 25 and 29 of the ordinance on TRC. They have argued that the ordinance on TRC is also against Article 12 (1), 13 (1) and 24 (9) of the Interim Constitution.
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