A single bench of Justice Sushila Karki ordered the government not to implement clauses 3, 13, 23 (2), 25 and 29 of the ordinance on TRC in response to two writ petitions filed on March 24 separately at the apex court against the ordinance.[break]
The SC is yet to set the date for discussion with the defendants and writ petitioners for final verdict.
A group of lawyers led by advocate Madhav Kumar Basnet had moved the apex court arguing that the provision in the TRC ordinance to give amnesty even to those involved in heinous crimes during the insurgency is against the principle of transitional justice and international humanitarian law.
“The provision that the TRC as per its discretion can give amnesty for any crimes apart from rape has deprived the victims of the right to legal remedy,” reads the writ petition.
The second writ petition, which was filed by the victims of the conflict, has demanded that the apex court scrap clauses 13, 23, 25 and 29 of the TRC ordinance. They have argued that the ordinance is also against Article 12 (1), 13 (1) and 24 (9) of the Interim Constitution.
President Ram Baran Yadav on March 14 had authenticated the ordinance on TRC as per the recommendation of the government.
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