KATHMANDU: The Supreme Court has said the cases of serious human rights violations relating to the armed conflict can not be extended for long on various pretexts.
A division bench of Justices Ishwor Prasad Khatiwada and Hari Prasad Phuyal on Sunday issued an order, asking for the registration of a case against Prime Minister Pushpa Kamal Dahal ‘Prachanda’.
The victims of armed conflict deserve the right to justice, true information, and reparation as per the Peace Accord, the Constitution of Nepal, court verdicts, and international law and principles.
Therefore, the cases on these issues can not be perpetuated forever on different pretexts.
“Taking into account the seriousness and sensitivity of the issue, the rejection of writ petition from getting registered for a court process is inappropriate,” said the court order, adding that the order issued by SC Registrar on November 10, 2022, to not register the case is therefore scrapped. So, it can be registered as per the procedure.
The SC further reminded that at a time when the transitional justice bodies are not functional, and hearing from such bodies eluding with the absence of effective law, it can not be dubbed constitutional, just, and logical if the victims are denied entry to court for justice.
In the order, the Justices further reminded that the petitioners had argued that expected results from the Truth and Reconciliation Commission, and the Commission for Investigation of Enforced Disappeared Persons were still awaited and these Commissions were now nearly dysfunctional.
As the petition was filed at such time, the law on criminal offense can not be left ineffective, the Justices stressed.
