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Obstruction In Investigation Into Murder Unconstitutional
By KTM Metro Reporter
January 15, 2013: a single bench of Justice Kalyan Shrestha of the Supreme Court of Nepal today directed the government and the attorney general not to obstruct the interrogation and prosecution of the five Maoist cadres arrested on charge of killing Dailekh-based journalist Dekendra Thapa stating the obstruction in the ongoing investigation into the journalist-murder case was unconstitutional, according to ‘The Himalayan Times’ of today.
The bench stated that the ‘State Cases Act of 1992’ has ensured interrogation of the accused in presence of the government attorney following the completion of the police investigation. “But the order issued by AG Pradhan has created a situation in which investigation could be carried out in the absence of the government attorney, which is not only erroneous but also illegal,” concluded the bench.
Dailekh police are all set to resume the interrogation of two of the five Maoist cadres accused of murdering journalists Dekendra Thapa. According to Inspector Binod Sharma, police will start recording statements of the rest of the murder accused from Wednesday. District Attorney Dambar Kafle confirmed to THT that the judicial proceedings would resume from tomorrow following the Supreme Court’s order of today.
Civil Society members have sought the resignation of Prime Minister Dr Baburam Bhattarai and Attorney General Mukti Narayan Pradhan for obstructing investigation and legal actions against those accused in the Dekendra Thapa murder case after the Supreme Court of Nepal ruled it unconstitutional. “They both must resign if they have minimum standard of ethics,” Subodh Raj Pyakurel, Chairman, Informal Sector Service Centre, told ‘The Himalayan Times’.
Receiving a memorandum submitted by the FNJ Bhaktapur Chapter today, Deputy Prime Minister-cum-Home Minister Bijay Kumar Gacchedar has vowed that the government would mete out actions against those involved in the murder of journalist Dekendra Thapa, and said, "Government abiding by the rule of law, arrested the murder accused and initiated investigation. So, the murderers would not be spared," according to the RSS news posted on thehimalayantimes.com of today
Federation of Nepali Journalists (FNJ) president Shiva Gaunle today said journalists do not feel safe in Dailekh and demanded special protection to them. A three-member taskforce including Gaunle had been in Dailekh to study on the current investigation into the slain journalist Dekendra Thapa. Thapa was kidnapped by Maoist cadres on June 26, 2004 and murdered on August 11, according to ‘HIMALAYAN NEWS SERVICE’ of today.
Human Rights Organization of Nepal (HURON) today demanded Prime Minister Dr Baburam Bhattarai to apologize for creating hurdles to investigate the Dailekh-based journalist Dekendra Thapa’s murder, and urged the government to fire Attorney General Mukti Pradhan for halting the interrogation of the accused murderers of Thapa and demanded not to influence the investigation process anymore, according to ‘The Himalayan Times’ of today.
Speaking at a press conference held by the Revolutionary Journalists Association, Tanahun in Damauli today, Finance Minister Barshaman Pun said that serious cases of the insurgency era could be resolved by forming the Truth and Reconciliation Commission, and said, “Incidents of rape and murders were perpetrated from both the state and the then rebel sides. So it is better if we can resolve such cases through the commission,” ‘HIMALAYAN NEWS SERVICE’ quotes the Finance Minister.
