INSEC Demands Government to Refrain from Providing Pardon to Persons Guilty of Tikapur Incident

The Ministry of Home Affairs recommended the name of Resham Chaudhary, imprisoned and guilty of intentional homicide, for an amnesty against his crimes, on Republic Day. Recommending amnesty to the crimes of a person guilty of the death of eight security personnel, including a child, in Tikapur of Kailali on August 19, 2015, is condoning impunity.

The Procedure for Pardon, Deferment, Change, or Reduction of Punishment 2014, allows the submission of an application to pardon, postpone, change, or reduce his sentence. Section 3 prohibits reduction of punishments for crimes such as corruption, coercion, government embezzlement, organized crime, war crime, violent or gruesome murder, and drug use.

Article 58(2) of the Constitution of Nepal states that the Attorney General shall have the right to make the final decision on whether or not to prosecute a case on behalf of the Government of Nepal before any court or judicial body or official, except as otherwise provided in this Constitution. However, nothing is mentioned about the withdrawal of the case.

 Section 159 of the Civil Criminal Procedure (Code) Act, 2017 states, ‘person sentenced according to the court’s decision can appeal to the President through the Ministry of Home Affairs to have the sentence pardoned, postponed, changed or reduced’.

Supreme Court Chief Justice Kalyan Shrestha, Judges Sushila Karki, Vaidyanath Upadhyay, Gopal Parajuli, and Omprakash Mishra in the order issued by the Constitutional Bench of the Supreme Court on January 7, 2016, to adopt certain legal standards when withdrawing the case. The order further states that the spirit of the prevailing legal system should be applicable as per the law, and the government should follow the standards formulated by the government in this regard.

Therefore, demand the government withdraw the process to provide general amnesty to the convicts of the Tikapur incident and back away from the attempt to give immunity to the perpetrators of heinous human rights violations, under political cover.

Kundan-aryal-sign

Dr. Kundan Aryal

Chairperson