Filed in 2001 by a government fighting against the Maoist party led by Dahal, the cases had been in suspension after Dahal and Bhattarai failed to show up to defend themselves against the treason charges. The court had summoned Dahal and Bhattarai on December 25, 2003. [break]
But the Special Court, the tribunal established by law to take up cases related to abuse of authority, sedition and treason, last week ordered that the cases be revived and presented before it for judgment, said a government prosecutor preferring anonymity.
The chargesheets at the court accuse Dahal and Bhattarai of causing harm to national unity and sovereignty and trying to overthrow the then government through the 10-year armed Maoist conflict that ended in November 2006. Besides, they have been accused of masterminding the attack on the police post in Babiyachour, Myagdi in June 2000 and attacks on police posts. If convicted, they would face life imprisonment under the State Offence Act.
A source at the Special Court said that the court revived the cases because as directed by Justice Anup Raj Sharma who visited the court for an inspection last month.
Chief Justice Kedar Prasad Giri had assigned a team led by Justice Sharma to inspect courts based in the Valley, including the Special Court. Justice Sharma is yet to present his report on the inspections.
“The team directed the court to revive the cases because they needed to be disposed of sooner or later. With the directive, the cases have been revived and the government can withdraw them if it wants,” said a Supreme Court official.
Knowledgeable sources told myrepublica.com that the prime minister and the finance minister have already been informed about the pending treason cases against them.
Recently, officials at the Special Court had a meeting with Minister for Law, Justice and Constituent Assembly Affairs Dev Prasad Gurung and Attorney General Raghab Lal Baidya to discuss the cases. Officials at the law ministry had suggested to Gurung and Baidya to withdraw the cases. The government can withdraw the treason cases if it wishes.
“The law minister and the attorney general said during the meeting that they wanted the cases to be settled by the court with due legal process,” an official present during the meeting told myrepublica.com.
Gurung and Baidya said so because of the possible controversy the government may have to face while withdrawing treason cases against the prime minister and the finance minister. It may be recalled that the government faced deep controversy when it decided to withdraw 349 criminal cases in November last year. The government could not implement the decision after the Supreme Court issued a stay order on January 1.
When asked about the possibility of withdrawing the cases, Baidya, the chief legal advisor to the government who is also the chief government prosecutor, said on Sunday, “Let the cases to take their course”.
kiran@myrepublica.com
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