KATHMANDU, May 9: Home Minister Ramesh Lekhak addressed Parliament regarding the arrest of Resham Chaudhary after Mahiman Singh Bista, a section officer at the Supreme Court (SC), delivered an unauthorized letter to the police chief.
In the parliamentary session on Thursday, Minister Lekhak expressed sorrow over Chaudhary's arrest, clarifying that it was not due to any ill intent but rather the result of an unauthorized letter sent from the Supreme Court.
Ranjita Shrestha, president of the Nagarik Unmukti Party (NUP) and a member of the House of Representatives, alongside other lawmakers, had called for an impartial investigation into the arrest and demanded that the Home Minister respond to the issue.
Minister Lekhak explained that the Inspector General of Police arrested Chaudhary after Bista, the SC branch officer, delivered the letter, and the order was carried out.
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"Upon receiving information from the Inspector General of Police, I immediately contacted the SC Registrar to inquire about the letter," Minister Lekhak stated in Parliament. Initially, the registrar was unaware of the details but promised to investigate further and provide information. After reviewing the letter, the registrar confirmed that it was not an official document and that further investigation was underway within the court."
Once it was confirmed that the letter was unauthorized, Minister Lekhak informed Parliament that he had sent a letter to the Dillibazar prison office, directing them to release Chaudhary immediately. He also stated that authorities had arrested Mahiman Singh Bista, the officer who issued the unauthorized letter, and investigations were underway for charges including providing false information, disobeying orders, and forgery.
On April 30, Bista played an active role in Chaudhary's arrest, and the SC employee is currently in police custody while the investigation continues.
The SC has formed an internal administrative committee to investigate Bista's actions. After the committee's investigation, it will determine whether Bista will retain his position.
On September 13, 2015, during the Tharuhat movement in Tikapur, Kailali, seven security personnel, including a child and the SSP of Nepal Police, were killed. Chaudhary is the main accused in the incident, and the case has been processed and judged by all three levels of court.
On Republic Day 2080 BS (May 28, 2023), the government granted Chaudhary and others, who had been sentenced to life imprisonment for their involvement in the Tikapur incident, a presidential pardon. A writ petition has been filed in the SC challenging the pardon, and it is currently under review. If the SC overturns the pardon, Chaudhary could be sent back to prison.
After Chaudhary was sentenced to life imprisonment by the district, high, and Supreme Court, the government granted him a pardon within a week, sparking widespread protests. Without the pardon, Chaudhary would have remained in prison until Falgun 13, 2094 BS.
The government's action, granting the pardon 14 years before the end of his sentence, violated the legal framework. The Supreme Court, in its ruling on the Tikapur incident, emphasized that criminal cases should not be politicized or used as bargaining tools.
The SC declared that returning criminal cases to political bargaining and granting pardons violated both the constitution and the law. The government granted Chaudhary a pardon before receiving the full judgment from the SC, which had sentenced him to life imprisonment. Justices Dr Anand Mohan Bhattarai and Nahakul Subedi ruled that granting immunity to a criminal under the guise of politics would undermine the integrity of the criminal justice system.
