A division bench of Justices Kalyan Shrestha and Bharat Bahadur Karki on Monday said that such decision cannot be taken by going against apex court precedents. [break]
Earlier, a division bench of Justices Shrestha and Girish Chandra Lal on January 1 had decided to give continuity to the apex court´s earlier decision to stay the government decision, stating that the latter cannot withdraw criminal cases against absconding convicts.
A single bench of former Justice Tahir Ali Ansari on September 19, 2012 had stayed then government´s decision to withdraw the criminal case and had also ordered the government not to proceed with the decision until the apex court´s final verdict.
In a written reply to SC on October 10, 2012, Bhattarai had stated that his government "withdrew criminal case against the attackers of Jammakattel mainly because it was political in nature."
Jammakattel on September 16, 2012 had moved the apex court challenging the government´s decision. A cabinet meeting held on July 17, 2012 had decided to withdraw case against five attackers of Jammakattel. Jammakattel was attacked in the capital on August 27, 2011.
Related story
CM Jammakattel instructs to operate godowns for early preparedn...
