KATHMANDU, Sept 22: On the occasion of the Constitution Day, Geeta Malla, got general amnesty from the President, came out of the Central Jail in Sundhara. Malla, who was convicted of murder in November 2021, told her relatives on Wednesday, "I can't go home without arranging Rs 10,000."

One of her relatives who came to pick her up assured that she would arrange the money.

The president’s office on September 20 granted amnesty to 670 prisoners, including senior citizens, as per Section 12 of the Criminal Offenses Act 2074 BS, Prison Rules 2020 BS, Supreme Court Decisions, and Senior Citizens Act 2063, said President's office spokesperson Shailaja Regmi Bhattarai in a statement.

This time, the President's Office rejected the government's proposal to grant amnesty to 34 people convicted of serious crimes. The president approved the decision of the Council of Ministers held in mid-June to grant amnesty to 670 prisoners. Apart from that, the President's Office requested the personal details of 34 convicts of various serious crimes from the Ministry of Home Affairs.

The President's Office did not grant amnesty to the 34 prisoners after the ministry did not provide the details. Based on the demands of various political parties, the ministry had recommended that they be pardoned.

The government has proposed to grant pardon to them according to section 159 of the National Civil (Code) Act, 2074 BS, the National Criminal Procedure (Code) Act 2074 BS and the Criminal Offenses (Sentencing and Execution) Act 2074 BS. 

Section 159 of the Code provides for remission of punishment. "A person who has been sentenced according to the court's decision can apply to the President through the Ministry of Home Affairs to get the sentence pardoned, postponed, changed or reduced," states the provision.

In sub-section (2) of the same section, it is said, "When making an application as per (1), a copy of the court's decision by which the applicant has been sentenced must be attached.

According to the President's Office, the ministry did not even attach a copy of such a decision when making the recommendation. 

The ministry had proposed granting amnesty to serious offenders including Resham Khatri, Shankar Subedi, Rajendra Singh Kushwaha, Puste Gharti Magar, Bhola Shah Teli, Sachindra Yadav, Ekraj Rai, Mahendra Raut Kurmi, Paras Nath Yadav, Dal Bahadur Pun, Amir Gurung, Devi Gurung, Prahlad Raut Ahir, Byas Prasad Yadav, Susaran Raut Ahir, Naval Kishor Raut, Rajdev Raut, Ram Janma Prasad Sah Kanu, Manoj Pandey, Rajendra Prasad Sah Kanu, Lal Bahadur Bista, Ashok Kumar Sah Kalwar, Chandra Bahadur Karki, Prem Bahadur Thapa, Lila Bahadur Khatri, Lalit Poudel, Jog Bahadur Shrestha, Mustakim Khan, Phanindra Prasad Neupane, Jaya Prashad Yadav, Phala Raj Pun, Dirghaman Gurung, Manoj Yadav, and Dhan Bahadur Kesi.

According to the data of the Department of Prison Management, in the last five years, the government has granted amnesty to 6,766 people who have shown good behavior in the prisons after being imprisoned and fined by the court for various crimes on the occasion of various national days.

In accordance with the law, the president can grant amnesty to prisoners who have shown good behavior in prison, even if they have been sentenced to imprisonment and fines by the court for various crimes, on the recommendation of the government on various national days.

Dr Bhimarjun Acharya, a legal expert, argues that there may be a legal dispute regarding granting amnesty to prisoners who have been sentenced for various serious crimes as per the law. "Nobody is above the law," he said. "The country would have developed only if the government and political parties had followed the law." 

 
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