Writ petition demands amendment in pardoning inmates

Published On: December 5, 2016 10:48 PM NPT By: Republica  | @RepublicaNepal


KATHMANDU, Dec 5: A writ petition has been registered at the Supreme Court on Monday demanding amendment in the provision related to pardoning of inmates by the president. 

Advocates Bhadra Prasad Nepal aka Swagat Nepal, Hari Sharan Jamrkattel, Kaushal Kumar Bhattarai and an inmate identified as Bishnu Bahadur Chhetri, who is serving jail term in Nakkhu prison for fraud charges, had jointly filed the writ petition in the apex court. 

The petitioners have argued that the loopholes in Prison Management Directive allow the prison administration, jailor and the Chief District Officer to recommend pardon for prisoners serving jail term for heinous crimes as well. 

Article 276 of the Constitution of Nepal states that the president may, in accordance with the law, grant pardon, suspend, commute or remit any sentence passed by any court, judicial or quasi-judicial body or administrative authority or body.

The president as the head of state grants pardon on the occasion of national festivals as per the legal provision. The petitioners have drawn the attention of the court citing that the loopholes in the legal provision have helped in freeing several criminals serving terms for grave crimes while other inmates jailed for petty crimes have been compelled to serve full terms despite displaying good conduct. 

As rape convicts do not get pardon, cases of murder after rape have increased with the vested interest of getting pardoned under murder charge after completion of 40 percent of full term, states the the writ petition. 

The writ has also highlighted the contradictions between the legal provisions and the Prison Management Directive in view of pardoning the inmates. 

“It would not be justifiable to allow prison authorities to judge against the court's verdict given to the inmates,” the writ petition further reads.

The petitioners stressed that the new provisions have pardoned murderers but minor fraudsters are compelled to serve terms. 

The hearing on the case has been scheduled for Friday.


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