There has been a discussion between the ruling alliance regarding the process of granting amnesty to Resham Chaudhary, the patron of Nagarik Unmukti Party (NUP) who is serving a life imprisonment in Dillibazaar Jail.
On Tuesday, the Supreme Court upheld the decision of the District and High Courts, handing down life imprisonment to Resham.
A meeting of the top-notch leaders of the ruling party was held in Baluwatar on Wednesday. In the meeting, the alliance leaders discussed ways to free Resham from incarceration.
Prime Minister Pushpa Kamal Dahal ‘Prachanda', Deputy Prime Minister and Home Minister Narayan Kaji Shrestha, President of Nepali Congress Sher Bahadur Deuba, Vice President Purna Bahadur Khadka, Chairman of Janata Samajbadi Party (JSP) Upendra Yadav, Chairman of CPN (Unified Socialist) Madhav Kumar Nepal, Leader Loktantrik Samajbadi Party Sharatsingh Bhandari and NUP Chairman Ranjita Shrestha participated in the meeting.
After the Supreme Court upheld the decisions of District Court Kailali and High Court Dipayal, the meeting discussed how Resham can be released from prison.
"The court should respect the verdict of Resham, but this is also a political issue, we should discuss it with legal experts for settlement," President Shrestha briefed other NUP leaders about the conclusion of the meeting.
“There was a discussion about the plan to release Resham on Republic Day,” an NUP leader quoted Shrestha as saying.
The discussions were held whether he can be released from jail on Republic Day (May 29). The Prime Minister, Home Minister and the President will also discuss this with legal experts," he said. "If not now, Resham may be released on the Constitution Day (September 20)."
LSP leader and Labor Employment and Social Security Minister Sharat Singh Bhandari said that the conclusion will be reached only after the full text is issued by the Supreme Court.
"The decision made by the High Court Dipayal has been upheld by the Supreme Court, and two people have been released from prison," he told Nepalkhabar. However, the conclusion is yet to be reached.
He further said that the ruling coalition has concluded that Resham is innocent.
NUP MP Arun Chaudhary informed that either Republic Day or Constitution Day are being awaited to pardon Resham.
Dissatisfied with the verdict of the Supreme Court, NUP on Wednesday staged a protest program demanding that the report of the Lal Commission be made public.
Shrestha is the Minister for Land Management and Cooperatives and Poverty Alleviation from NUP that won four seats in the House of Representatives elections held on November 20 last year.
Resham has already served five years and two months imprisonment. Prisoners are jailed for a limited period of time as per Section 159 of the National Criminal Procedure Code, 2017.
The 159 of the National Criminal Procedure Code mentions, “a person who has been sentenced according to the court's decision can make an appeal to the President through the Ministry of Home Affairs to have the sentence pardoned, postponed, changed or reduced.”
The President will send the application to the Ministry of Home Affairs and that the Home Ministry will decide and submit it to the government and the Council of Ministers can make a decision and recommend it to the President.
A 20-year sentence was reduced to just nine years
Former Attorney General Ramesh Badal narrated the precedent of amnesty to prisoners of similar type of murder.
"UML leader Ram Chandra Payasi, the mastermind of the murder of fellow party leader Mohammad Alam, was sentenced to 20 years in prison, but he was released in nine years," Badal told Nepalkhabar, "The President reserves the right to pardon."
On April 27, 2016, District Court Bara, sentenced Payasi to 10 years in prison. On October 21, 2016, a bench of High Court Janakpur ruled that the kingpin of Alam's murder was Pyasi and sentenced him to life imprisonment.
However, he was released on September 19, 2022 (the Constitution Day). He was sentenced to 20 years in prison and was released after spending only 9 years in prison.
Resham serves five years in Dillibazaar Jail
A huge demonstration took place in Tikapur of Kailali against the contents mentioned in the draft constitution.
When the protest turned violent on August 24, 2015, the protestors clashed with security personnel resulting in the death of seven policemen including a minor.
Senior Superintendent of Police (SSP) Laxman Neupane, the chief of Zonal Police Office Seti, Kailali, Police Inspectors Balaram Bista and Keshav Bohra, Head Constable Shyam Bahadur Khadka, Constable Lokendra Bahadur Chand, Armed Police Senior Head Constable Lalit Saud, Assistant Head Constable Ram Bihari Chaudhary and Constable Janak Negi and one and a half year old boy Tek Bahadur Saud were ruthlessly killed.
An FIR was filed stating that Resham Chaudhary was the mastermind of the Tikapur carnage.
Chaudhary, who was on the run after the incident, won the election from Kailali 1 in the 2074 House of Representatives election. However, he surrendered in February of the same year.
On February 24, 2019, the District Court Kailali sentenced 11 people including Chaudhary to life imprisonment.
On December 18, 2020, High Court Dipayal also sentenced eight people including Chaudhary to life imprisonment.
On May 16, 2023, the Supreme Court upheld the same decision District Court Kailali and High Court Dipayal.
According to the verdict of the Supreme Court, Resham will have to stay in Dillibazaar Jail till 2094 BS.
An initiative is being taken to release Chaudhary through the power of the President on May 29 or coming September 20.
However, if the Supreme Court upholds the decision of the High Court Dipayal even in the full text of the judgment, the possibility of getting amnesty for Resham is slim.
There is list of 10 offenses that cannot be pardoned. One of those offenses is ‘ruthless killing or murdering after taking captive.’ There is no amnesty for this.
Concluding that Tikapur incident is ‘ruthless and heinous crime’, High Court Dipayal sentenced Chaudhary to life in prison. His release is unlikely if it is included in the full text of the Supreme Court.
