The government’s plan to release silk

Kathmandu. The government has prepared a plan to release Resham Choudhary, the guardian of Civil Liberation Party (Naupa), who was sentenced to life imprisonment by the Supreme Court. For Chaudhary’s release, the government has sent a file with the recommendation of amnesty to the President’s office on Wednesday.

Prime Minister Pushpa Kamal Dahal ‘Prachand’ had repeatedly told Naupa leaders that he was positive about pardoning ‘Tharu leader’ Chaudhary. According to the Prime Minister’s opinion, Ministry of Home Affairs has sent an amnesty letter to the President’s Office through the Attorney General’s Office, according to sources in the Ministry of Home Affairs. The President’s office also confirmed that the letter from the government was received at 2:30 on Wednesday. An official of the President’s Office told Nepal Newspaper – ‘The file on pardoning Chaudhary arrived on Wednesday. However, the said file has yet to be studied.’

Chaudhary, who is also a former parliamentarian, was found guilty of the violent incident in Tikapur of Kailali in which 7 security personnel and a minor died in August 2072 and is serving life imprisonment. It is understood that the government is also preparing to increase pressure on the president if the office of the president is not positive to pardon the rest of his prison sentence. An adviser to President Ramchandra Paudel said that apart from the work that the President has to do, the President can take a decision considering the fact that former President Bidya Devi Bhandari was criticized for canceling the decision brought by the government. He said – ‘The President can decide within his jurisdiction on matters decided and sent by the government. Since there is a danger of being controversial like the former president when returning the government’s decision, there is a possibility that he will take the important issues from the executive body positively.’

The government is preparing to pardon Chaudhary through the President on the occasion of Republic Day on 15th of June. For that, it is said that 20 files related to pardoning Chaudhary’s sentence have reached the law branch of the President’s office on Wednesday.

The Dillibazar jail where he is staying had written a letter to the Attorney General’s office a few days ago through the Jail System Department. After the Attorney General’s Office replied to the said letter, the House sent a letter of apology. Earlier, the public prosecutor’s office had accepted the judgment of the High Court Dipayal and sent a written opinion that it could be pardoned with the information that there was no appeal. Following the opinion of the Attorney General’s office, the process of pardoning can be continued as there is a verdict from the Supreme Court.

On June 1, the Supreme Court upheld the judgment of the District and High Court on the punishment of some of the accused in the Tikapur incident, including Chaudhary. The government attorney’s office has sent a reply that the full text of the judgment has not yet been prepared. After the decision of the Supreme Court, the way to withdraw the case was legally over, but the government proceeded to grant amnesty.

Legal experts say that in such cases, there is a provision in the procedures related to remission, postponement and reduction of sentences, that amnesty cannot be given to those who are in prison for heinous crimes. According to the procedures related to remission, suspension and reduction of punishment, corruption, torture, coercion, killing by cruel and inhumane means or by taking control, killing or maiming or causing bodily harm by using acid or other inflammable substances, ethnic killings, explosives, It is mentioned that those guilty of kidnapping, hostage taking or disappearance of persons, human trafficking and trafficking, money laundering and drug trafficking or dealing in drugs punishable by imprisonment for more than three years cannot be pardoned. According to the Civil Code of Criminal Procedure Act, 2074, the Ministry of Home Affairs has started the process of remission of sentence. Chaudhary has been in police custody since February 15, 2074.

Some time ago, the government also registered a bill to amend the Nepal Act in the House of Representatives to grant immunity to Chaudhary. After the Bill was introduced in the Parliament, the Supreme Court ruled that the judgment of the District Court Kailali and the High Court Dipayal in the case of Choudhary would be upheld. The government has decided to pardon the rest of Chaudhary’s imprisonment after exhausting other options to release him.

Article 276 of the Constitution provides that the President may pardon, postpone, change or reduce the sentence imposed by any court, judicial or quasi-judicial body or administrative officer or body in accordance with the law. Based on the same arrangement, it is said that the government is preparing to issue a general amnesty to Resham Chaudhary on the occasion of Republic Day from the President.

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