Added At: 2011-01-19 11:42 PM
Last Updated At: 2011-01-19 11:42 PM
HIMALAYAN NEWS SERVICE
KATHMANDU: The Supreme Court today stayed the government move to arrest and prosecute two dozen Maoist CA members for murder.
A division bench of Justices Top Bahadur Magar and Mohan Prakash Sitaula issued the order. The bench directed, “Not to arrest and detain the defendants and to maintain the status quo till the limitation of time of submitting written explanations from the defendants or till the expiry of limitation of time.” The bench also said it would hear the petition together with a similar petition filed by UCPN-M CA member Keshav Rai, which is sub judice in the apex court.
A few days ago, the apex court directed the authorities — Office of the Prime Minister and Cabinet, the Ministry of Home Affairs, Police Headquarters, the District Court, District Police Office and District Government Lawyers Office — to submit written replies within 15 days in relation to action against two dozen UCPN-Maoist cadres.
Kul Bahadur Khatri, Jangabir Rai, Mohan Kumar Khadka, Narayan BD, Tanka Bahadur Khatri, Rana Bahadur Khadka, Purna Bahadur Khadka and Binda Kumari Magar face murder charges.
Immediately after the Okhaldhunga District Court issued a 70-day summons in their names for the murder of Guru Prasad Luitel, Padam Bahadur Tamang and Masta Tamang, they moved the apex court citing the Comprehensive Peace Accord. They moved the SC stating the murder cases as it fell under the jurisdiction of the Truth and Reconciliation Commission.
Citing the apex court order of December 14 in relation to UCPN-M CA member Keshav Rai, they stated that initial proceedings of the District Court went against Article 8 (4) of the CPA and Article 33 (D) of the Interim Constitution. They, demanded certiorari and mandamus orders to the government to set up the Peace and Reconciliation Commission at the earliest.
A division bench of Justices Top Bahadur Magar and Mohan Prakash Sitaula issued the order. The bench directed, “Not to arrest and detain the defendants and to maintain the status quo till the limitation of time of submitting written explanations from the defendants or till the expiry of limitation of time.” The bench also said it would hear the petition together with a similar petition filed by UCPN-M CA member Keshav Rai, which is sub judice in the apex court.
A few days ago, the apex court directed the authorities — Office of the Prime Minister and Cabinet, the Ministry of Home Affairs, Police Headquarters, the District Court, District Police Office and District Government Lawyers Office — to submit written replies within 15 days in relation to action against two dozen UCPN-Maoist cadres.
Kul Bahadur Khatri, Jangabir Rai, Mohan Kumar Khadka, Narayan BD, Tanka Bahadur Khatri, Rana Bahadur Khadka, Purna Bahadur Khadka and Binda Kumari Magar face murder charges.
Immediately after the Okhaldhunga District Court issued a 70-day summons in their names for the murder of Guru Prasad Luitel, Padam Bahadur Tamang and Masta Tamang, they moved the apex court citing the Comprehensive Peace Accord. They moved the SC stating the murder cases as it fell under the jurisdiction of the Truth and Reconciliation Commission.
Citing the apex court order of December 14 in relation to UCPN-M CA member Keshav Rai, they stated that initial proceedings of the District Court went against Article 8 (4) of the CPA and Article 33 (D) of the Interim Constitution. They, demanded certiorari and mandamus orders to the government to set up the Peace and Reconciliation Commission at the earliest.
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