The apex court makes it mandatory to have consent from victim party in any such release
KATHMANDU, Nov 3: The Supreme Court (SC) on Thursday overturned President Ram Chandra Poudel's decision to grant amnesty to Yograj Dhakal, also known as Regal Dhakal, who was serving a life sentence for a murder case. President Poudel, upon the government's recommendation, had granted amnesty to Regal on Constitution Day.
Regal was originally convicted for the brutal murder of Chetan Manandhar in Nepalgunj and was serving a life imprisonment sentence of 20 years. Both the Banke District Court and the Nepalgunj Bench of Tulsipur High Court had found Regal responsible for meticulously planning and executing the murder.
A full bench consisting of Acting Chief Justice Ishwar Prasad Khatiwada and Justices Dr. Kumar Chudal and Sapana Malla Pradhan overturned the decision after hearing arguments from both sides until Wednesday. The SC full bench continued to hear the writ petition filed by Chetan’s wife, Bharati Manandhar, on Tuesday and Wednesday.
The full bench of SC justices issued the mandamus on Thursday while hearing Bharati's writ petition, ordering the government authorities concerned to issue an arrest warrant against Regal immediately.
SC overturns Regal’s release through presidential pardon
Chetan was murdered by a gang led by Regal at a hotel in Nepalgunj on July 13, 2015. Following the incident, Regal was sentenced to life imprisonment.
Lawyers representing the writ petitioner claimed that President Poudel had misused his constitutional rights by granting exemption from imprisonment to people involved in heinous crimes based on political pressure.
Bharati argued in her petition that after being released under the influence of political power after serving only 8 years, they were in panic, and the punishment for the criminal was not enough. She named the Office of the President, the Office of the Prime Minister and the Council of Ministers, the Ministry of Home Affairs, and the Office of the Attorney General as defendants in the case.
After the amnesty of Regal, Bharati launched a hunger strike to put pressure on the government authorities to revoke the decision. With the mandamus from the apex court, Bharati eventually won the case, further paving the way to prevent the misuse of presidential pardons for those serving jail terms for heinous crimes.
The apex court's decision, which led to Regal's re-arrest within hours, is based on five compelling reasons that underscore the significance of this judicial action. These principles are likely to effectively curb similar practices of granting amnesty, mainly to political leaders and cadres.
The apex court has maintained that Regal had a criminal intent to murder Chetan, as both the Banke District Court and the Nepalgunj Bench of Tulsipur High Court earlier found Regal responsible for meticulously planning and executing the murder. The apex court has emphasized that there was no doubt regarding the criminal intent behind the heinous act, which involved the severing of the victim's hand from the elbow joint.
Similarly, the SC viewed the preferential treatment of Regal as discriminatory and questioned why others convicted in the same murder case, such as Mohan Lal Khadka, Premadhwaj KC, and Navraj Khatri, were not granted similar privileges. As Regal, the mastermind of the crime, was released, while his accomplices were not, the SC deemed this lack of transparency and equal treatment as problematic.
The apex court also unequivocally stated that imprisonment cannot be waived for individuals with pending cases. The government's assertion that Regal Dhakal's case had been finalized was challenged by the apex court, which pointed out that the appeal of seven individuals, another person's petition, and two other cases were pending in the Supreme Court, all related to the murder of Chetan Manandhar.
Most importantly, the apex court has made it mandatory to obtain consent from the victim party when granting such amnesty. This particular condition is expected to effectively stop the similar practice of pardoning political leaders and cadres involved in heinous crimes.
Regal Surrenders to Banke Police Following SC’s Order
BANKE, Nov 2: Yograj Dhakal, also known as Regal, who was earlier released through a presidential pardon, surrendered to Banke police. This came shortly after the Supreme Court invalidated the decision to grant amnesty to Regal, who was serving life imprisonment for a murder case.
On Thursday afternoon, Regal himself reached the District Police Office in Banke and surrendered to the police. On the occasion of Constitution Day, President Ram Chandra Paudel, upon the government's recommendation, pardoned him, and subsequently, he was released from prison.
