Ordinance allows govt to withdraw criminal cases pending in any courts

Himal Press 12 Dec 2022
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Ordinance allows govt to withdraw criminal cases pending in any courts Resham Chaudhary

KATHMANDU: The Criminal Procedure (Code) Act 2017 Amendment Ordinance which the government is preparing to bring states that the government can withdraw criminal cases against leaders and cadres of political groups pending in all courts.

The ordinance approved by the cabinet meeting held on Sunday has added a sub-clause in Section 116 of the Act which has provisions relating to withdrawal, compromise and mediation of cases.

The cabinet secretariat sent the ordinance to the Office of the President on Monday.

“Irrespective of what is written in this section, if any political party or group conducted violent activities disagreeing with the existing political system of the country but shows commitment to carry out peaceful political activities under the constitution and prevailing laws of Nepal to come to the mainstream of peaceful politics, or there is an agreement of a political nature to withdraw the cases filed by the government, there will be no hindrance to withdraw cases filed against the leaders and activists of such political parties and groups pending in any courts in Nepal,” a sub-section added to Section 116 of Criminal Procedure (Code) Act 2017 in the ordinance reads.

If issued by the President, the ordinance will pave the legal way for the government to withdraw cases against leaders and cadres of the Nepal Communist Party, Nagarik Unmukti Party, and Janamat Party, among others, pending in any courts in Nepal.

More importantly, the ordinance will pave the way for the release of Resham Chaudhary who has been convicted of masterminding the killing of eight people, including a superintendent of Nepal Police, in the infamous Tikapur incident in 2015.

Chaudhary has been handed life sentence by the District Court, Kailali. The Dipayal High Court has upheld the district court verdict. His appeal is pending at the Supreme Court.

The ruling coalition, which fell a few seats short of the required majority to form the government, is looking to win the support of more parties, including Nagarik Unmukti Party. The party has the support of four lawmakers.

Few days ago, Nagarik Unmukti Party said it would join the government only if a criminal case against its founding chairman Resham Chaudhary is withdrawn.

 

Published On: 12 Dec 2022

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