Maoist hackles up at criminal cases’ revival
POST REPORT
KATHMANDU, JAN 01 -
The UCPN (Maoist) has said the local administration nationwide has reopened case files against its leaders and cadres and is issuing arrest warrants against them for incidents occurring during the armed conflict. It is tallying field reports, appreheding the number of cases may be in hundreds.
The party claimed the warrants are being issued systematically against cadres and leaders, including lawmakers, at the directive of the Home Ministry. The party office has directed all state committees and district level cadres to submit reports of such arrest warrants and raise this issue at the all- party meeting, according to Maoist office Secretary and Politburo member Shakti Bahadur Basnet.
“This will be one of our main agenda in any package deal with other parties,” Basnet told the Post. “District officials say it is directives from above, but our efforts to reach officials at the Home Ministry remain futile,” he said.
The district administration office Okhaldhunga has issued warrants for the arrest of 56 Maoist cadres, including lawmakers Balkrishna Dhungel and Keshav Rai and more than 15 district level cadres. Dolpa DAO has booked Hari Bahadur Rokaya, Bheri-Karnali Maoist state committee member, for his alleged involvement in murder during the
insurgency. Arrest warrants have also been issued against Top Bahadur Budhathoki and Bir Bahadur Thukana of Dolpa district recently. The Maoists argue that as per the Comprehensive Peace Accord (CPA), court cases cannot be initiated against crimes committed for political reasons during the insurgency.
The CPA has envisaged a Truth and Recompilation Commission to look into crimes committed during the insurgency. Clause 5.2.7 of CPA states that both sides guarantee to withdraw accusations, claims, complaints and cases lodged against various individuals for political reasons during the insurgency. According to Maoist office secretary Basnet, the local administration is reviving old cases that had been withdrawn following the political agreement. The Maoists say that they are taken aback by this new development amid opposition by other parties to the continuation of UNMIN.
However, a top official at the Home Ministry said that they have issued no directive to arrest Maoist cadres, except in the case of Maoist lawmaker BalKrishna Dhungel. The Ministry ordered Okhaldhunga district police to arrest Dhungel after the National Human Rights Commission expressed concern over the issue, said the official.
The Supreme Court on Sept. 8 had slapped a life-term on Dhungel, who was elected from Okhaldhunga Constituency 2. The court convicted Dhungel of murdering Ujjwan Kumar Shrestha on June 24, 1998.
Posted on: 2011-01-02 08:56
http://www.ekantipur.com/the-kathmandu-post/2011/01/01/top-story/maoist-hackles-up-at-criminal-cases-revival/216717/
The UCPN (Maoist) has said the local administration nationwide has reopened case files against its leaders and cadres and is issuing arrest warrants against them for incidents occurring during the armed conflict. It is tallying field reports, appreheding the number of cases may be in hundreds.
The party claimed the warrants are being issued systematically against cadres and leaders, including lawmakers, at the directive of the Home Ministry. The party office has directed all state committees and district level cadres to submit reports of such arrest warrants and raise this issue at the all- party meeting, according to Maoist office Secretary and Politburo member Shakti Bahadur Basnet.
“This will be one of our main agenda in any package deal with other parties,” Basnet told the Post. “District officials say it is directives from above, but our efforts to reach officials at the Home Ministry remain futile,” he said.
The district administration office Okhaldhunga has issued warrants for the arrest of 56 Maoist cadres, including lawmakers Balkrishna Dhungel and Keshav Rai and more than 15 district level cadres. Dolpa DAO has booked Hari Bahadur Rokaya, Bheri-Karnali Maoist state committee member, for his alleged involvement in murder during the
insurgency. Arrest warrants have also been issued against Top Bahadur Budhathoki and Bir Bahadur Thukana of Dolpa district recently. The Maoists argue that as per the Comprehensive Peace Accord (CPA), court cases cannot be initiated against crimes committed for political reasons during the insurgency.
The CPA has envisaged a Truth and Recompilation Commission to look into crimes committed during the insurgency. Clause 5.2.7 of CPA states that both sides guarantee to withdraw accusations, claims, complaints and cases lodged against various individuals for political reasons during the insurgency. According to Maoist office secretary Basnet, the local administration is reviving old cases that had been withdrawn following the political agreement. The Maoists say that they are taken aback by this new development amid opposition by other parties to the continuation of UNMIN.
However, a top official at the Home Ministry said that they have issued no directive to arrest Maoist cadres, except in the case of Maoist lawmaker BalKrishna Dhungel. The Ministry ordered Okhaldhunga district police to arrest Dhungel after the National Human Rights Commission expressed concern over the issue, said the official.
The Supreme Court on Sept. 8 had slapped a life-term on Dhungel, who was elected from Okhaldhunga Constituency 2. The court convicted Dhungel of murdering Ujjwan Kumar Shrestha on June 24, 1998.
Posted on: 2011-01-02 08:56
http://www.ekantipur.com/the-kathmandu-post/2011/01/01/top-story/maoist-hackles-up-at-criminal-cases-revival/216717/
UCPN-M urges govt to withdraw cases against leaders
Added At: 2010-12-30 7:31 PM
Last Updated At: 2010-12-30 7:31 PM
RSS
Bureau Chief Gajurel accused the government of conspiring to push the country towards civil war by making the party leaders live a forced underground life against the peace agreement and the interim constitution.
KATHMANDU: The UCPN-Maoist has expressed grave concern over the government’s activities as of issuing warrants and detaining the Maoists’ responsible leaders and cadres in various districts in a manner resembling the period of the armed conflict. Reasoning this, the Maoist has urged the government to withdraw these cases filed against its party leaders and cadres.
Speaking at a press conference organised by the Eastern Bureau of the Party, Bureau Chief and Secretary of the Party, CP Gajurel condemned the government’s activities meted out against the party leaders in Okhaldhunga, Dolpa, Rukum, Salyan, Nawalparasi and other districts.
He also expressed disapproval to the Supreme Court verdict against Constituent Assembly member from Okhaldhunga, Bal Krishna Dhungel, saying the verdict was issued without recognising the judicial value of the comprehensive peace accord. Bureau Chief Gajurel accused the government of conspiring to push the country towards civil war by making the party leaders live a forced underground life against the peace agreement and the interim constitution.
A press release distributed in the programme has appealed to the state to repeal fictitious cases against Maoist leaders and cadres and fully adhere to the peace accord and the interim constitution. The release also warned of dire strait if the demands were ignored.
Also speaking on the occasion, advocate Mukti Pradhan said the serious incidents caused from both sides during the armed conflict could not be investigated and settled until the formation of high level truth and reconciliation commission.
Why shouldn’t warrant be nixed, SC asks govt
POST REPORT
KATHMANDU, DEC 29 -
The Supreme Court (SC) on Wednesday asked the government to explain why the court should not scrap the arrest warrant for 10 Maoist cadres of Okhaldhunga district.
The order issued by a single bench of SC headed by justice Sushila Karki asked the Home Ministry to furnish a written reply via the Office of the Attorney General and present at the court for discussion.
The direction was in response to a writ filed on Sunday by 10 Maoist cadres who are accused of killing Padam Bahadur Tamang during the conflict period in 2005.
The the plaintiffs have demanded that the apex court scrap the July 2 arrest warrant issued by Okhaldhunga District Court on the ground that they went against the Interim Constitution and the Comprehensive Peace Agreement (CPA), which have proposed for the formation of special provisions for transitional justice such as formation of Truth and Reconciliation Commission to deal with the cases that took place during the decade-long conflict.
Though Section 8 (4) of CPA and Article 33 of the constitution have proposed transitional justice mechanism, the government has not been able to establish it yet.
The Maoist cadres who moved the court are Mohan Kumar Khadka, Binda Kumari Magar, Jangabir Rai, Shankar Giri, Birbal Majhi, Bhakta Bahadur Tamang, Man Bahadur Sunuwar, Ang Dendi Sherpa, Tilak Bahadur Karki and Devi Karki. The 70-day arrest warrant against them is still in effect.
Posted on: 2010-12-30 09:08
The Supreme Court (SC) on Wednesday asked the government to explain why the court should not scrap the arrest warrant for 10 Maoist cadres of Okhaldhunga district.
The order issued by a single bench of SC headed by justice Sushila Karki asked the Home Ministry to furnish a written reply via the Office of the Attorney General and present at the court for discussion.
The direction was in response to a writ filed on Sunday by 10 Maoist cadres who are accused of killing Padam Bahadur Tamang during the conflict period in 2005.
The the plaintiffs have demanded that the apex court scrap the July 2 arrest warrant issued by Okhaldhunga District Court on the ground that they went against the Interim Constitution and the Comprehensive Peace Agreement (CPA), which have proposed for the formation of special provisions for transitional justice such as formation of Truth and Reconciliation Commission to deal with the cases that took place during the decade-long conflict.
Though Section 8 (4) of CPA and Article 33 of the constitution have proposed transitional justice mechanism, the government has not been able to establish it yet.
The Maoist cadres who moved the court are Mohan Kumar Khadka, Binda Kumari Magar, Jangabir Rai, Shankar Giri, Birbal Majhi, Bhakta Bahadur Tamang, Man Bahadur Sunuwar, Ang Dendi Sherpa, Tilak Bahadur Karki and Devi Karki. The 70-day arrest warrant against them is still in effect.
Posted on: 2010-12-30 09:08
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