President Ram Chandra Paudel has granted a pardon to Resham Chaudhary, who is serving a life sentence for his involvement in the brutal murder case in Tikapur in 2015. This controversial decision has raised serious concerns among former bureaucrats, civil society leaders, and the public at large, as it sets a dangerous precedent, promotes impunity, and undermines the rule of law in the country. It is crucial to critically examine the misuse of the presidential power of pardon and take immediate action to rectify this highly objectionable move. The presidential pardon granted to Chaudhary, a leader of the ruling Nagarik Unmukti Party, has the potential to promote a culture of impunity within the country. By waiving the life sentence of an individual convicted of murdering eight people including seven police personnel on duty and a minor, the Pushpa Kamal Dahal-led government is sending a dangerous message that crimes can go unpunished, undermining the principle of justice. This move also opens the door for the politicization of crimes, allowing powerful individuals to manipulate the legal system to their advantage.
Interestingly, the decision to grant a pardon to Chaudhary contradicts the previous stance taken by President Paudel himself. Just days before, the president had refused to accept the government's recommendation for a pardon, emphasizing the need to follow existing laws and principles established by the Supreme Court. However, the sudden reversal of this decision raises questions about the consistency and integrity of the process. By disregarding the judicial decisions of the District Court, High Court, and Supreme Court, the government has undermined the authority of the judiciary and jeopardized the faith of the public in the legal system. According to the judgment of the District Court, the High Court and the Supreme Court, Chaudhary should remain in prison until Phalgun 13, 2094 BS. However, by changing this legal provision, the government initiated the process to cut short his prison term by at least 14 years. Thus, the move not only threatens to erode public trust but also poses a significant threat to the rule of law and the foundations of a just society
Gross Misuse of PR System
While Article 276 of the Constitution of Nepal grants the president the power to pardon, it is essential to consider the limitations and safeguards outlined in the law. Section 159 of the Criminal Procedure Code and various other regulations clearly specify that certain offenses, such as corruption, torture, rape, murder, and drug trafficking, are ineligible for pardon. These provisions are in place to protect society and ensure that individuals who have committed grave crimes are held accountable. By bypassing these legal safeguards, the government undermines the intent and purpose of the law, creating an environment conducive to abuse of power. Granting a pardon to an individual responsible for such a horrific crime sends a distressing message to the victims and their families. It diminishes their faith in the justice system and denies them the closure they deserve. Moreover, this decision erodes public confidence in the government's commitment to upholding justice and the well-being of its citizens. It is imperative for the government to prioritize the rights and needs of the victims and the wider society over political expediency.
It may be recalled that the wife of the policeman who lost his life in the Tikapur incident had earlier filed a petition in the Office of President not to grant amnesty to Chaudhary. Sharda Kadayat Bohra maintained that it would be a grave injustice to her family if Chaudhary, who was convicted of murder by all three tiers of court, was pardoned. The misuse of the presidential power of pardon, as exemplified by the decision to grant Chaudhary a pardon, is a highly objectionable move that undermines justice, rule of law, and public trust. This decision promotes impunity, opens the door to the politicization of crimes, and disregards the principles and legal safeguards in place to protect society. It is imperative for the government to rectify this situation and demonstrate a genuine commitment to upholding justice and the principles enshrined in the constitution. The integrity of the justice system and the welfare of the victims must be paramount, and actions must be taken to prevent further misuse of the presidential power of pardon in the future.
