Dhungel pardon plea: To pardon or not to pardon, Prez ponders

Pranab Kharel

KATHMANDU, NOV 12 -
As heated debated continues on whether UCPN (Maoist) lawmaker Bal Krishna Dhungel should be pardoned, the focus is now shifting towards the President’s role after the Cabinet forwarded the pardon plea last Tuesday.

Some experts are suggesting that President Ram Baran Yadav choose a least controversial option. According to constitutional lawyer Purnaman Shakya, the President could postpone his decision on the issue, citing the subjudice nature of the case.

Last Thursday, the Supreme Court was moved against the government’s decision to request the President to pardon Dhungel, a murder convict. A hearing on the case is scheduled for Sunday. Shakya said the President can wait for the court verdict and then take a call. He could also solicit opinions from experts on international practices, Shakya said.

The President’s legal advisor Surya Dhungel also believes that since the matter is subjudice, the head of state should not take a call on the matter immediately. Another constitutional lawyer Bhimarjun Acharya said the President has four options. Firstly, he can stamp on the pardon plea, citing his ceremonial position, and place the onus for the pardon on the government’s shoulders. Secondly, the President can send back the plea and ask the government to rethink the decision, Acharya said. The third option, according to him, is to seek the opinion of experts or a court of law. The final option with the president is that he can withhold a decision on the plea, Acharya said. He, however, added that the least controversial option for Yadav would be to send back the plea to the government for reconsideration.

Article 151 of the Interim Constitution states that the President, on the recommendation of the council of ministers, may grant pardon to a convict and suspend, commute or reduce any sentence imposed by a court, special court, military court or by any other judicial or quasi-judicial or administrative authority or institution.

As the ball is now on the President’s court, he faces a strong dilemma. Rejecting the executive’s decision could be seen as “overstepping his constitutional bounds,” and may invite unwarranted confrontation between the head of state and the Cabinet. Accepting the government’s plea could equally drag him to controversy.

A source close to the President told the Post that Yadav will take into account the language in the appeal, the constitutional provisions cited and the precedent this may set while taking a decision. The source also said the President will look into different versions on the nature of the case given by the government and the apex court.

The President will hold consultations with legal experts and his aides on Sunday, Yadav’s personal secretary Lalit Basnet said.

The Supreme Court has slapped a life term on Dhungel for murdering Ujjan Kumar Shrestha in Okhaldhunga district during the Maoist insurgency seven years ago.

Maoists defend lawmaker

KATHMANDU: The UCPN (Maoist) on Saturday defended lawmaker Bal Krishna Dhungel, arguing that he he was a victim of ‘political bias.’ At a press meet in the party office at Paris Dada in the Capital, the Maoists said Dhungel’s case was politically influenced and related to the conflict era.

Secretary of Okhaldunga District Committee of the party Ram Karki said the Nepali Congress (NC) and the CPN-UML, along with some human rights organisations, have been plotting against Dhungel. He said Dhungel just carried out party orders.

Posted on: 2011-11-13 09:07

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