The court has issued a seven-day arrest warrant against Parshuram. If the police fail to arrest him within seven days, the court will issue a 70-day arrest warrant against him. If he still doesn´t appear before court, the court would then issue a 30-day arrest warrant. [break]
As per the existing legal provisions, Basnet may have to face several possible consequences if he does not appear before the court. He would have to serve detention so as to be allowed to defend himself in court. Otherwise, he would not be allowed to defend himself, either himself or by hiring a lawyer. Moreover, he would not be allowed to appeal to a higher court for a review of the decision rendered by the district court in absentia.
“The district court can issue a verdict even in the absence of the accused under such circumstances,” Nepal Bar Association´s General Secretary Bijaya Mishra said, adding, “The chances of a verdict against the accused would be high under such circumstances.” Mishra said failure to appear in court to defend oneself is construed as admission to crime.
The District Court would issue the verdict on the basis of notes made by government and private lawyers pleading on behalf of plaintiffs and the available facts.
Senior Advocate Ram Prasad Sitaula, who pleaded on behalf of Dhakal´s assaulters on Wednesday, claimed that Parshuram needn´t serve detention. “Parshuram has not committed any serious crime as claimed by the plaintiffs,” said, Sitaula, adding, “He will appear before the court within the 70-days after the district court issues another notice.”
Following initial hearing on the case, the Morang district court on Wednesday has already sent two of the accused --Biratnagar Youth Force in-charge Rohit Koirala and member Manoj Rai --to judicial custody.
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