Lawmakers warn govt over Dhungel plea
'Case purely criminal, apolotical'
KATHMANDU, NOV 11 -
Opposition parties have urged the government to roll back its decision to grant amnesty to Maoist lawmaker Bal Krishna Dungel who has been convicted of murdering Ujjan Shreshta of Okhaldhunga.
On Tuesday, the Cabinet had urged President Ram Baran Yadav to pardon Dhungel as per Article 151 of the Interm Constitution.
In a strongly-worded speech in parliament on Friday, lawmakers from Nepali Congress (NC), the CPN-UML and other parties said the government's decision has mocked the rule of law and the government's commitment on human rights.
They said that unlike what the government has claimed, Dhungel's crime was "apolitical" as it was committed with a "purely criminal intent" and, therefore, cannot be pardoned.
They also threatened to take 'bold steps', incluidng disruption of the House, if the government did not take back its decision.
The Okhaldhunga Distrct Court on May 10, 2004 had convicted Dhugnel of mudering Shrestha. Dhungel later moved the Rajbiraj Appellate Court, which gave him a clean chit on June 25, 2006. However, the Supreme Court on January 3, 2010 upheld the district court's life-term verdict.
NC lawmaker Radheshyam Adhikari said the government's decision to pardon Dhungel is a mockery of the rule of law and that the government has been misinterpretating the Comprehensive Peace Agreement. Adhikari said the government's move is likely to create a tussle between the Cabinet and the President as well as between the Cabinet and the Supreme Court. "If the decision is not corrected, we will be compelled to take other steps," Adhikari warned.
UML lawmaker Bhim Rawal also demanded the government withdraw the decision as it was jeopardising the hard-earned politics of consensus following the November 1 seven-point deal. "The government should withdraw the decision and arrest Dhungel," he said.
Earlier, Parliamentary Party meetings of the NC and the UML had condemned the government's decision.
As the opposition lawmakers slammed the move to grant him pardon, Maoist lawmaker Dhungel was also in parliament.
Maoist lawmakers spoke in defence of the government, arguing that it was in line with the existing laws and the constitution. Maoist lawmaker Devi Khadha argued that Dhungel's pardon plea was as per the CPA and the Interim Constitution. "This is not the time to raise such issues but to work on consensus to conclude the peace and constitution writing processes," Khakda said. She said there are several murder cases involving NC and UML leaders and that she could move the court against them.
Fringe party leaders, including Chairman of the Rastriya Janamorcha Party Chitra Bahadur KC, also slammed the government's move to pardon Dhungel.
Meanwhile, Speaker Subas Nembang directed the government to respond to questions and concerns raised by lawmakers in parliamentary sessions.
Article 151 on pardon
"The President, on the recommendation of the Council of Ministers, may grant pardon to persons convicted, and suspend, commute or reduce any sentence imposed by any court, special court, military court or by any other judicial or quasi-judicial, or administrative authority or institution." (Translated by UNDP Nepal)
SC to hear plea on Sunday
The Supreme Court is scheduled to start hearing a writ challanging the pardon plea on Sunday. Sister of the murdered Ujjan Shreshta, Sabitri, had filed a writ on Thursday demanding that the court stop the government from pardoning Dhungel. Sabitri has sought an interim order to stay the implementation of the pardon plea.
Posted on: 2011-11-11 09:30



















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