A special bench of SC Justices Kalyan Shrestha, Sushila Karki and Kamal Narayan Das gave continuity to the apex court´s November 13 order blocking the authorities concerned from implementing a cabinet decision to seek amnesty for Dhungel from President Dr Yadav. [break]
Immediately after the cabinet decision, Sabitri Shrestha, sister of Ujjan Shrestha, who was killed by Dhungel in 2004, had filed a writ petition at the apex court against the government move to seek pardon for Dhungel. The SC had then stayed the cabinet decision.
"The government´s attempts to grant amnesty to murder-convicted lawmaker Dhungel is inappropriate from the point of view of balance of convenience," reads the order issued by the special bench, adding," The bench hereby orders the authorities concerned to hold the cabinet decision as it is and not forward it and implement it any futher until the writ petition is finally settled."
Issuing a final verdict, the apex court had convicted Dhungel of murder in 2010.
"Those authorities and government agencies whose prime responsibility is to put into effect the SC verdict are found to have undermined court verdicts," states the order. "An atmosphere of unease will arise in the process of enforcement of SC verdicts if amnesty is granted to murder-convicted person Dhungel."
The special bench said that the cabinet decision to recommend to the president to pardon a murder-convicted person can be a matter for judicial review.
"As per Article 104 (4) of the Interim Constitution, the apex court enjoys the right of final interpretation of the constitution and laws," reads the order, adding, "And, as per Article 116 of the Interim Constitution, all stakeholders have to abide by the SC verdict."
The SC further said that those who are in positions for executing judgments must be sincere in executing court verdicts.
The victims had moved the courts two weeks ago with a writ petition seeking the apex court´s intervention to block the government recommendation to President Dr Ram Baran Yadav. The government recommended the pardon despite opposition from national and international human rights groups.
The special bench further said that it did not see any evidence, as claimed by defendants, regarding the motive behind filing a murder case against Dhungel. The defendants have been claiming that the case was politically motivated and thus there was no ground for it.
They have also been citing the Comprehensive Peace Accord (CPA), claming that the CPA allows the government to pardon in cases filed with political motive during the insurgency period.
"The bench, however, could not see any grounds for agreeing with arguments that the case against Dhungel was filed with political motive," the order further reads.
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