KATHMANDU, Oct 23: Citing the precedent of the Supreme Court (SC), Kathmandu District Court on Friday ordered the government not to withdraw a criminal case filed against Reporters´ Club president Rishi Dhamala and two other individuals.
The SC nearly six months ago established a precedent, issuing an order to the government not to withdraw criminal cases against anybody on grounds of political pressure. The SC order came at a time when the then Maoist-led government had decided to withdraw criminal cases against nearly 700 people, following massive pressure from party cadres and Tarai-based parties.
The district court on Friday said the government cannot withdraw cases against even three individuals. The SC had issued a stay order on the cabinet decision to lift the cases against the hundreds of accused.
“The Government has no right to withdraw criminal cases, acting partially,” reads an order issued by Judge Sekhar Prasad Paudel.
Police had arrested Dhamala and three others on charges of extortion and involvement in bomb explosions and filed cases against them at the district court. They were charged with having connections with the underground armed outfit Ranbir Sena.
Nearly a month ago, a cabinet meeting had decided to lift the case against Dhamala and the two others, while the case against one of the accused, Manoj Mahato, was sustained.
Dhamala´s case was withdrawn to make it possisble to take him to the United Nations´ General Assembly. Dhamala accompanied Foreign Minister Sujata Koirala to the UN.
A single bench of Justice Paudel ruled that the case cannot be withdrawn bypassing a SC order in the same case. The government´s step was severely criticized from various quarters.
Those arrested along with Dhamala were Birendra KM and Ram Subhak Mahato, besides Manoj Mahato.
The government move to lift the Dhamala case was controversial as the decision was reached hastily.
Dhamala is allegedly involved with the activities of the little-known armed outfit Ranabir Sena, according to police sources. The outfit had carried out bomb explosions in various parts of the country including in the capital city.
Police allege that the outfit is also involved in smuggling arms and extorting from businessmen, mainly in the capital and the Tarai districts.
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