Friday, June 24, 2011

250 seek case withdrawals at Home Ministry

BIMAL GAUTAM
KATHMANDU, June 23: With the appointment of Krishna Bahadur Mahara as home minister, about 250 individuals charge-sheeted for crimes have submitted applications at the Ministry of Home Affairs (MoHA) demanding withdrawal of cases pending against them at district courts across the country.

According to a source at MoHA, altogether 27 files related to such demands are currently at the ministry. "We have received 27 files from nearly 250 accused," said the source, adding, "Most files are related to cases of murder and attempted murder".
The number of files and number accused seeking amnesty differ as up to 326 persons are charge-sheeted in a single case.

Family members, relatives and friends have submitted files at the ministry on behalf of the accused, seeking amnesty in cases which are in the course of hearings at the district courts.

The source told Republica that while most of those seeking amnesty were involved in murder and attempted murder, others accused of arson, possession of arms and ammunition, sedition, offences under the Public Offence Act and the like have also filed for amnesty.

"We are reviewing the files but won´t recommend to government to withdraw cases if the nature of the crime is serious," the source added.

Those seeking official pardons include Dinesh Subba and others (for abduction), Rambabu Sah and others (arms and ammunition), Ramnandan Pattel (attempted murder), Rajesh Jha (sedition), Jayachanda Sah Teli (public offence), Haribabu Rokaya (murder), Sittal Prasad Chaudhary and 10 others (murder), Shyam Prasad Yadav (charge unknown), and Mohanlal Chaulagain and 26 others (murder).

Similarly, Nandu Raya Timilsena and five others (robbery), Rameshwor Shrestha and nine others (murder), Kishwor alias Karna Bahadur Dhami and six others (murder), Tej Bahadur Hamal and seven others (murder), Khadk Chand and 15 others (murder), Indra Bahadur Lama and four others (attempted murder), Tekraj Joshi and seven others (murder), Suresh Sah Teli and four others (murder), and Lekhnath Dahal and 17 others (attempted murder) have also submitted files at the ministry for withdrawal of their cases.

Also applying for amnesty are Mohasafit Mahato and seven others (murder) and Badri Bajgain and 12 others (public offence).

Under the legal provisions, the authorities have to seek prior consent from the district court concerned before withdrawing a criminal case against anyone. According to the procedures, MoHA can send the file to the Ministry of Law and Justice (MoLJ) and the latter has to check the grounds for withdrawal of the case. If MoLJ gives its nod, the file goes to MoHA, which then forwards it to the Office of Prime Minister and Council of Ministers for cabinet approval. Following a cabinet decision, the file goes to the Office of Government Attorney. The office has to take prior consent from the district court concerned before giving anyone official pardon in a criminal charge.

Published on 2011-06-23 03:00:52

Source: http://www.myrepublica.com/portal/index.php?action=news_details&news_id=32665

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