Impunity by law: Government bent on amending law to withdraw criminal cases against political parties and groups

Kathmandu: The government on Sunday presented a bill in Parliament to amend Some Nepal Acts which, if passed, allows the government to withdraw sub judice cases in all courts–the district courts, high courts and the Supreme Court. The bill has been crafted in such words that it provides the right to the government to withdraw criminal cases against any political parties or groups and their leaders and cadres involved in heinous crimes. In case, any political parties or groups have conducted violent activities in defiance of existing political system of the nation and in case such political parties or groups commit to peaceful political activities as per the constitution of Nepal and existing laws to come to the mainstream politics, and if an agreement to that effect has been reached with the government of Nepal, the cases against such political parties and the groups and their leaders and cadres may be withdrawn, says Clause 64 of the bill.

 The bill, if passed by the federal parliament and then authenticated by the president, paves the way for the government to withdraw cases against the cadres of Maoist party and others involved in crimes, including those related to 2015 Tikapur massacre and 2007 Gaur carnage.

The government has already pardoned Resham Chaudhary who was convicted by district court, high court and the Supreme Court over his involvement in the Tikapur massacre.

Interestingly, only a few lawmakers in the House of Representatives protested the bill. Sumana Shrestha, the lawmaker from Rashtriya Swatantra Party (RSP), vehemently opposed the bill saying that it is unconstitutional and denies justice to the victims of political crimes.

“The bill is against the principle of separation of powers and against the constitution,” she said, while addressing the House session on Sunday. “How could such a bill be passed from the table of the ministry of law? Are we going to give amnesty to those who burnt the people alive in brick kilns? Or to save those who dragged the innocent people from the ambulance and killed them or those who killed the people with spears?” She asked. She said that the bill promotes criminalization of politics and politicization of crimes. She has demanded that such a faulty bill should be immediately withdrawn. Likewise, lawmakers from the Rastriya Prajatantra Party and Nepal Majdoor Kisan Party have also opposed the bill.

However, this is not the first time the government has tried to ram a faulty legal provision that allows the government to withdraw criminal cases against political parties, groups and their leaders and cadres.

In December 2022, the Nepali Congress-Maoist Center coalition government had introduced an ordinance to amend National Criminal Procedure (Code) Act (2017) the objective of which was the same. Sher Bahadur Deuba was the prime minister at the time. Pushpa Kamal Dahal Prachanda is the prime minister today.