In an application registered at the apex court on Sunday, Bhattarai has argued that the regular criminal justice system cannot deal with conflict-era cases. He has further argued that the interim constitution envisages formation of the Truth and Reconciliation Commission to resolve cases related to insurgency. The prime minister has said the letter and spirit of the CPA should be kept in mind while interpreting the interim constitution.[break]
“CPA is the foundation of the interim constitution. Hence, it would be against the principle of constitutionalism to interpret, amend and implement the constitution in contravention of the CPA,” reads the application, adding, “Such a move is unacceptable.”
The prime minister has also maintained that various countries have set up transitional justice mechanisms to maintain peace and deliver justice in post conflict situations.
“I urge SC to annul the interim order as it overlooks the international norms, practice, the distinct nature of cases related to insurgency and constitutional provisions regarding such cases,” Bhattarai has stated in the application.
In a separate application, the prime minister has also urged the SC to scrap a writ petition filed by advocate Govinda Prasad Sharma seeking the court´s order to proceed with the investigation into Thapa´s murder.
Though, applications of the prime minister were submitted to SC on Thursday, they were not registered as they lacked proper documents. Attorney General Mukti Pradhan has already filed similar applications at the apex court.
The SC on January 15 had ordered the Office of Attorney General, Dailekh District Attorney´s Office and District Police Office not to obstruct the ongoing investigation into the case. Thapa was killed by Maoist cadres some eight years ago.
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