KATHMANDU, March 7: Abolishing the six-month statute of limitations for human rights crimes, the Supreme Court on Wednesday has paved the way for victims to lodge complaints against human rights violations at any time of their convenience.
A special bench of Chief Justice Khil Raj Regmi and Justices Ram Kumar Prasad Shah and Girish Chandra Lal on Wednesday nullified clause 10 (5) of the National Human Rights Commission Act, 2068 stating that the clause contravenes article 132 (2) (c) of the interim constitution. [break]
Clause 10 (5) of the National Human Rights Commission Act, 2068 states that complaints regarding incidents of human rights violations or its abetment shall have to be lodged at the commission within six months from the date on which the incident took place or within six months from the date on which a person, under control of someone else, got released and became public.
In the same verdict, the apex court scrapped clause 17 (10) of the act which states: notwithstanding anything contained elsewhere in this Section, with regards to matters on which recommendation has been made by the commission pursuant to Clause (c) of sub-Article (2) of Article 132 of the constitution, if the Attorney General decides that a case cannot be initiated pursuant to prevailing laws, the Office of the Attorney General shall have to inform to the commission thereof.
Article 132 (2) (c) of the interim constitution states that if it is required to institute a case against any person who has violated human rights, to make recommendation to file case in the court in accordance with the law.
NHRC and human rights activists, who had been vehemently objecting to the provisions in the Act, have welcomed the SC verdict.
“Action by the government on NHRC recommendation against perpetrators was not effective,” said NHRC Spokesperson Gauri Pradhan, adding, “The verdict will be supportive in making the NHRC recommendation mandatory for the government to implement.”
Talking to Republica, human rights activist Subodh Pyakurel maintained that the apex court verdict has given a moral boost to the human rights condition of the country. “There should no statute of limitations for human rights crimes,” he said.
However, Pyakurel said that it was challenging to implement the SC verdict stating that the government, especially Baburam Bhattarai-led government, is reluctant to implement the orders passed by the apex court.
Amidst strong objection from right activists, the Maoist-led government had introduced the act by replacing the pervious act that had imposed no statute of limitations for filing cases against human rights crimes.
Advocates Om Prakash Aryal, among others, on April 1, 1012 had filed writ petition at SC arguing that the provision contravenes the interim constitution and previous NHRC act as well as with the Geneva Convention 1949.
Related story
Drop statute of limitations from anti-torture bill: Rights grou...
