The government on February 27 had decided to grant general amnesty to 367 individuals convicted of criminal charges. [break]
A division bench of Kalyan Shrestha and Bharat Raj Uprety said exonerating Mosafir Mahato Koiri and six others accused of murdering Dev Sharan Mahato two-and-a-half years ago is “utterly unjust”.
SC said the government fails to reasonably justify how it used the Government Cases Act 2049 BS to exonerate Koiri and six others. The government has referred to the recommendations of political parties as the sole reason for withdrawal of the case.
“It is not justifiable to retract a criminal case only on a political basis. This practice can set a bad precedent,” the verdict says.
All those convicted of the murder in the case except one Bigan Mahato Koiri, who died after being arrested, were absconding till the government gave them clean chits.
The decision to grant amnesty to the absconding criminals even without a justifiable reason challenges the judiciary and criminal justice system and encourages impunity, said the verdict.
The government had withdrawn the murder case against Koiri and six others in March as recommended by CPN (UML), UCPN (M) and Sadbhawana Party. This shows how political parties join forces to clear their cadres of criminal charges.
Mahato was shot dead by Koiri and six others in his native village of Katahariya in Rautahat district on September 30, 2009.
Rautahat District Court initially had sent the accused to judicial custody. Subsequently, the Hetauda Appellate Court nullified the district court´s order and released the accused.
Mahato´s widow Rupiya Devi had lodged a writ petition in SC against the government´s February 27 decision.
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