The decision is somewhat contrary to a Supreme Court stay order against a similar decision earlier this year. That stay order is still in force.
- Cases against Dharma Dev Yadav, Damber Bahadur Limbu, Ratna Adhikary, accomplices withdrawn
- Decision taken under pressure from Tarai parties
- SC stay order still in force
- Authorities reluctant to disclose info
- Gross abuse of authority: Lawyer
The OPMCM source said that the fresh decision to withdraw cases was reached under intense pressure from Tarai-based parties. The government has cited political reasoning behind the decision.
“The prosecution brought against the defendants was ´politically motivated´", said the cabinet in its decision.
Though a copy of the decision has been dispatched to the district courts concerned, the authorities are not ready to disclose any information. “Yes, the government has decided to withdraw just a few cases," said Madhav Paudel, Secretary at the Ministry of Justice (MoJ), adding, “But I cannot comment in detail regarding this matter.”
The Law Ministry is the final authority which can, under request from the Ministry of Home Affairs, recommend to the cabinet to withdraw cases.
The document concerning the cabinet decision shows that it decided to withdraw cases against 282 defendants. Of the total, 200 defendants face murder cases while the rest were being prosecuted for arson.
The government decided to withdraw a murder case against seven defendants including Dharma Dev Yadav. The government attorney had filed the murder case against Yadav and accomplices at Saptari district court.
Yadav was the main accused in the case. They were charged with murdering Sushil Kumar Yadav.
The cabinet also withdrew murder cases against 193 others including Damber Bahadur Limbu. The government had filed case against them at Taplejung district court.
As per the existing legal provision, the government needs consent from the court concerned to withdraw a murder case. A district court is independent as to endorsing or not endorsing a government decision to withdraw a cases without its prior consent.
“The government´s decision to withdraw the cases will mature once the district courts concerned grant their approval for the same,” reads the State Cases Act-1993. Lawyers, who have been fighting against impunity, termed the government´s fresh decision an extreme abuse of authority.
“This is gross misuse of the legal provision on authority to withdraw cases," Advocate Madhav Basnet said, adding, “It shows that the government files cases to harass people and withdraws the charges against them as it pleases.”
The Supreme Court, after initial hearings on a writ filed by Advocate Basnet, had issued a stay order to the government not to withdraw criminal cases on the pretext of political reasons until it issues a further decision.
Basnet had pleaded before the apex court against a decision by the Maoist-led government one year ago to withdraw nearly 700 murder cases. The Maoist-led government had likewise withdrawn the criminal cases citing ´political motive´ behind them.
“The government´s recent decision shows that the state is only concerned about protecting criminals and not protecting victims,” Basnet told myrepublica.com.
The recent cabinet meeting also decided to withdraw cases of arson against 82 individuals including Ratna Adhikary. Adhikary and accomplices were charged with attempted murder by setting people on fire.
Preparation to withdraw more cases
The government is trying to withdraw some more criminal cases. The Ministry of Home Affairs, under pressure from the government, recently submitted a proposal at OPMCM to withdraw 16 criminal cases.
The proposal submitted at OPMCM shows that the government is mulling withdrawal of criminal cases against 16 individuals including Ram Dayal Mandal and Makeshwar Das. CPN-UML lawmaker Juli Mahato on Monday pressured OPMCM officials to forward the files concerning Mandal and Das. When asked about this in view of the stay order, she said, “It depends on the nature of the case and the decision of the government.”
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