Sources close to the prime minister who are familiar with the development told Republica that the prime minister and the attorney general made the request in a bid to convince the president to grant amnesty to the Maoist lawmaker before the cabinet takes a decision on the case.[break]
“The prime minister and the attorney general jointly briefed the case to the president and sought cooperation from him in granting amnesty to Dhungel,” a source known to the development told Republica.
The president, as per the Article 115 of the interim constitution, may grant pardons and reprieves to any individual convicted by a court on the recommendation of the cabinet. But the constitution is silent on whether the president can grant amnesty to a person who has been convicted of grave human rights violation.
The Supreme Court upheld the conviction of Dhungel in 2010 for the murder of one Ujjan Shrestha of Okhaldhunga. Shrestha was shot dead by the Maoists at Tarkerabari-7, Okhaldhunga on June 24, 1998, allegedly for spying on the Maoists. Dhungel, who won the Constituent Assembly (CA) election from Okhaldhunga-2 in 2008, is still walking free as the court verdict has not been enforced. The UCPN (Maoist) has been trying to secure amnesty for Dhungel ever since the Supreme Court found him guilty despite opposition from the human rights community.
President´s Press Advisor Rajendra Dahal confirmed that the attorney general had accompanied the prime minister during the latter´s meeting with the president at Shital Niwas on Sunday.
“I cannot share what transpired at the meeting,” said Dahal.
But talking to Republica, Attorney General Pradhan said Dhungel´s case did not feature during the meeting. “The prime minister apprised the president about the recent seven-point agreement and his upcoming visit to the Maldives to take part in the SAARC summit. No other issues were discussed,” Pradhan said.
On October 3, the attorney general had told media persons during a function at Chief Justice Khil Raj Regmi´s residence that the process of granting amnesty to Dhungel had begun. On the very same day, the cabinet had also received a proposal from the home ministry to grant amnesty to Dhungel.
Even on Sunday, the government´s spokesperson repeated the government´s resolve to pardon Dhungel.
“It was agreed during the tenure of the Madhav Kumar Nepal government to grant Dhungel an amnesty. The government will take decision on the issue,” said Deputy Prime Minister and Minister for Foreign Affairs Narayankaji Shrestha, who is also the government´s spokesperson.
An official at the prime minister´s office said the prime minister and the attorney general might have discussed the issue before the cabinet takes any decision foreseeing that the head of state might turn down any plea to pardon Dhungel.
The prime minister and the attorney general made the request to the president at a time when human rights groups have been trying to take Dhungel´s case to the Geneva-based UN Human Rights Council and opposing the move to pardon Dhungel.
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