A single bench of Chief Justice Ram Prasad Shrestha said the cabinet decision to withdraw murder cases is a blatant violation of Article 24 of interim constitution and previous court orders. [break]
"The June 30 cabinet decision to withdraw murder cases and the letter dispatched by the Ministry of Law and Justice to the Office of Attorney General to implement that decision are unconstitutional. The bench hereby stays the decision. Inform authorities concerned about this decision," reads a ruling issued by Shrestha.
The bench also asked the Prime Minister Office (PMO), Ministry of Law, Ministry of Home Affairs, Office of Attorney General and Bara District Court to furnish written clarifications within 15 days on why they took such a controversial decision.
In a similar case, the SC had ordered the government some 2.5 years ago to take prior consent from the court concerned if it wanted to withdraw any criminal case. But the current government didn´t follow the order.
Following intense pressure especially from Tarai-based parties, their ministers and CA members, the last cabinet meeting had decided to withdraw the cases on June 30 citing political reasons.
The SC had ordered the government some 2.5 years ago to take prior consent from the court concerned if it wanted to withdraw any criminal case. But the government didn´t follow the order and decided to withdraw 20 murder cases pending in Bara District Court on June 30.
Bara District Court had ordered police officials to detain 20 persons including Rajkishor Prasad Sah for investigation into murder charges against them. The cases are still pending at the court.
"The government decision has violated the victim´s rights to get justice," reads the court order, adding, "To withdraw cases citing political reasons is not valid."
Through the same order, the SC has also asked Mahesh Prasad Yadav to present before the court in person with written clarifications. Shah is one of those 20 persons whose case the cabinet had decided to withdraw.
The cabinet had decided to withdraw cases against Sah, Ganesh Kulwar, Sunil Prasad Jaiswal, Dinesh Prasad Yadav, Shiva Shankar Sah Teli, Manoj Prasad Sah Teli, Krishna Prasad Sah Teli, Chaturgun Pandit Kumhar, Jokhu Pandit Kumhar and Ramchandra Prasad Yadav.
Likewise, the government had also decided to withdraw murder cases against Dara Prasad Yadav, Abdul Sattar Ansari, Amjad Ali Ansari, Anisul Rahman Ansari, Manoj Prasad Yadav, Dhirendra Prasad Kushwaha, Nathuni Thakur Lohar, Nanda Kishor Sah Kan, Suresh Prasad Sah, Rajkishor Prasad Sah.
They are accused of direct involvement in murdering Ram Prakash Yadav, Kanhaiya Yadav, Dara Yadav and Ambika Mahato on January 6, 2010.
Advocate Sukdev Raya Yadav had moved the SC against the government decision. Pleading before the bench against the cabinet decision, lawyers demanded scrapping of the government move and punishment to those involved in flouting court orders and constitutional provisions.
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