A division bench of Justices Kalyan Shrestha and Girish Chandra Lal decided to give continuity to the apex court´s earlier decision to stay the government´s decision, stating that the latter cannot withdraw criminal cases against absconding convicts.[break]
A single bench of Justice Tahir Ali Ansari on September 19 had stayed the 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, Prime Minister Baburam 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 had moved the apex court challenging the government´s decision.
A cabinet meeting held on July 17 had decided to withdraw case against five attackers of Jammakattel. Jammakattel was attacked in the capital on August 27, 2011.
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