KATHMANDU, May 2: Many people have raised the question: If Supreme Court (SC) section officer Mahiman Singh Bista had delivered a letter for an unknown person other than Nagarik Unmukti Party (NUP) Patron Resham Chaudhary, wouldn't it have been discovered immediately? This incident has not only undermined public trust in the judiciary, but it has also raised serious questions about the government, the police chief, and other officials. Wednesday’s event has exposed major flaws in the state's system.
On social media, people are asking: “Can a single employee really do this much? How many innocent people might be in jail right now?” Bista, who was born in Darchula, has only three years left before retirement from judicial service. He had a controversial reputation in the judiciary and was transferred to the SC after not being able to stay in other courts. He has served as a branch officer for a long time and was in line for promotion next year. It is common for senior officers to remain at the SC when they are up for promotion.
Senior staff at the SC had nicknamed him ‘Sanki’. After becoming controversial while serving as a court registrar in Nuwakot, he was transferred to the Kanchanpur District Court. However, due to further issues while working there as a court officer, he was brought back to the SC. Initially, he was not given any major responsibilities. Later, he was assigned to the correspondence and filing section, and eventually, for the past five or six months, he had been working in the case management section. According to one staff member, the SC never expected he would go to such lengths.
However, on Wednesday (April 30), Bista left their home in Bhaktapur early at 8 am, saying he had to go in early. After arriving at the office, he quickly typed up a letter and took it to the police. According to a source, he was brought to the SC because he used to create disturbances wherever he was posted, and it was believed he wouldn’t be able to cause trouble there. The source claims he acted on his own impulse and delivered the letter without any instruction.
A branch officer personally carried a letter he had signed and stamped himself, yet the police chief did not verify its authenticity. Normally, office assistants are the ones who deliver such letters. Given that there was an ongoing case against Resham Chaudhary in the SC, the police should have verified the legitimacy of the letter after reading its content. Instead, it appears that the police also acted carelessly after the error of the court staff. According to procedure, only orders issued by a court bench and processed through the relevant administrative (record) section, are to be implemented.
According to a source at the SC, it does not appear that Bista was directed by anyone. He would often talk about the Tikapur incident in Kailali at the court. The source said that he repeatedly expressed his dissatisfaction, saying, “I am not at all satisfied with the general amnesty granted to Resham Chaudhary, who was involved in the Tikapur incident where so many people were killed.”
Bill proposes dissolving Administrative Court, creating adminis...
“I didn’t like that an amnesty was granted after the SC had already sentenced him to prison. If he had been under my authority, I would have dealt with Chaudhary properly,” he would say.
“Bista is a different kind of person—someone who speaks impulsively, posts whatever he feels on social media, and often says inappropriate things,” said one court employee. “He shouldn't have been given any serious responsibility. No one expected he would go this far.”
According to that employee, although Bista was a controversial figure, he generally didn’t mistreat service seekers. However, he had a habit of openly displaying dislike toward certain lawyers and judges.
‘Chain of Command’
Employees operate under the authority of departmental heads. So how did a branch officer like Bista have the authority to write and issue such a letter directly? This question is now being directed squarely at the SC administration.
“There was no chain of command followed. How did Bista have the authority to issue a letter on his own? Where is the control over staff? This is a clear example,” said one legal professional. “Whenever a circular or notice is issued, it must be approved by a senior official. Where was the chain of command in this case?”
In an emergency meeting held at the SC on Wednesday, Bista was quoted by a source as saying, “There was a bloodbath in Tikapur, so many police officers were killed. People, including children, lost their lives. I was not happy with the President's decision to amnesty Chaudhary. I didn’t like that this person became famous. I deliberately wrote the letter.”
It has been reported that the process for disciplinary action against him has already begun. He is certain to face charges for the unauthorized and improper use of an official stamp and signature. According to procedure, the Registrar of the SC can take action with the consent of the Judicial Service Commission. The SC source stated that it is now unlikely he will be able to keep his job.
Why Wednesday?
As the merger between the NUP and the Janamat Party was about to happen, former MP and convicted individual in the Tikapur incident, Chaudhary, who had been granted an amnesty and released by the President while serving his prison sentence, was arrested on Wednesday. This news quickly spread through media outlets and social media, with many people posting statuses. Had an unknown individual been arrested in the same manner, no one would have noticed.
No one focused on the reason behind Chaudhary's arrest. Instead, the publicity was centered around his arrest and the issue of his amnesty. It was only then that the SC became aware of the situation. While a petition regarding his release was still under consideration at the SC, this incident raised questions about how it happened. Bista had misused the SC's letterhead, stamp, and his position by personally carrying the letter and taking it to the police.
During the Tharuhat movement on August 26, 2015, protesters brutally murdered eight people, including five Nepal Police personnel, two Armed Police Force officers, and a minor. Chaudhary was considered the main accused in the incident, and a case was filed against him, resulting in his conviction.
On May 16, 2023, the SC upheld Chaudhary’s life sentence through a brief order related to the same incident. However, President Ram Chandra Paudel granted him amnesty on May 29—before the full text of the verdict was released—upon the recommendation of the government led by Prime Minister Pushpa Kamal Dahal, coinciding with Republic Day.
A writ petition regarding the amnesty granted by the government has already been filed in the SC and is currently under consideration. If the SC overturns the amnesty granted by the President based on this ruling, there remains a possibility that Chaudhary could be sent back to prison.
Within a week of the district, appellate, and SC’s life imprisonment verdict, the government granted an amnesty to Chaudhary. According to the life imprisonment sentence passed by the district, appellate, and SC, Chaudhary was supposed to remain in prison until Falgun 13, 2094 BS.
By bypassing the legal system, the government granted an amnesty to Chaudhary well before the completion of his 14-year sentence. Citing the SC’s verdict, Bista, using the letterhead and his own signature, delivered a letter to the police requesting Chaudhary's arrest. Shortly after, when the police apprehended Chaudhary, Bista became widely known.
