Ministry under pressure to dispose of criminal cases

BABURAM KHAREL

KATHMANDU, NOV 03 - The Ministry of Home Affairs is under constant pressure to facilitate withdrawal of serious criminal cases with ministers and political leaders trying hard to absolve some of their 'kith and kin'.

Consider this: On Monday, Ramashish Mahato, identifying himself as a journalist, tried to persuade an official at the ministry's legal section to do the needful for withdrawal of the case concerning Manoj Mahato, whom police had arrested along with president of the Reporters' Club Rishi Dhamala and two other journalists for their alleged links with Ranavir Sena -- an outfit blamed for explosions, extortions, kidnapping and murders.

"I have talked to Minister of State for Home Mohammed Rijwan about Mahato's case and he has pledged to look into it. You should accord this case top priority," Ramashish was telling the official.

Ramashish, who identified himself as a relation of the state minister, was furious at the ministry for doing injustice to Mahato. His point: If Dhamala can walk free, why not his friend -- who faces the same charge as Dhamala?

The government had withdrawn the case against Dhamala to ensure his visit to the US as a member of Prime Minister Madhav Kumar Nepal's entourage to the 64th United Nations General Assembly. The others implicated in the case are serving terms, though the court of law has made it clear that the law does not allow partial withdrawal of sub-judice cases.

Then came someone from Dhanusha, urging the official to look into his friend's case immediately.

"The case has been lodged against my friend on fabricated charges of carrying out arson," the person said, refusing to divulge his identity.

The official tried to convince the person that arson cases cannot be withdrawn. But he boasted of his links with Deputy Prime Minister and Minister for Physical Planning and Works Bijaya Kumar Gacchadar and said the minister was positive.

According to officials, at least half a dozen visitors approach the home ministry every day seeking government help to forward cases to the Ministry of Law and Constituently Assembly Affairs (MLCAA) for withdrawal. The cases involve robbery, rape, arson, possession of arms and ammunition, explosions and corruption, which cannot be withdrawn.

Political pressure is not new, though.

Under the directives of former Prime Minister Pushpa Kamal Dahal, the ministry had recommended last year that the MLCAA do the needful for the withdrawal of 238 court cases against the alleged perpetrators of the September 2007 Kapilvastu carnage.

The move came under scanner after the National Human Rights Commission directed the ministry to clarify why it recommended the withdrawal.

"Of late, we have come across over 100 applications calling for withdrawal of criminal cases," said an official, pointing at the tremendous undue pressure the ministry tasked with maintaining law is under.