Nepal: Just 10 days after the Supreme Court’s verdict to give life sentence to the Tikapur massacre mastermind and former lawmaker Resham Chaudhary, President Ramchandra Paudel, on the government’s recommendation, pardoned his remaining jail term.
On
Sunday, a Cabinet meeting had requested President Ramchandra Paudel to pardon
the remaining jail terms of 501 convicts including Chaudhary on the occasion of
Republic Day, which falls on Monday. The government made the recommendation as
per Article 276 of the Constitution of Nepal. The President may, in accordance
with law, grant pardons, suspend, commute or remit any sentence passed by any
Court, judicial or quasi-judicial institution or administrative authority or
institution, the article says.
The President’s Office in a statement on Sunday evening said 19 persons including
Chaudhary who were serving jail terms after being convicted by various courts
were granted presidential pardon. In addition, the President also pardoned 482
people serving jail terms, according to another
statement from Sheetal Niwas.
The
19 were pardoned based on the government’s recommendation while the 482 for
having completed 50 percent of their jail terms and demonstrating good
behaviour.
Chaudhary
had, on May 25,
appealed to the President’s Office, through the Ministry of Home Affairs, to
commute his jail term. The office returned the application to the ministry for
action. Accordingly, the government on Sunday made the recommendation.
The government’s action has drawn mixed reactions from the civil
society and intelligentsia. While some claim pardoning a man convicted of eight
murders even before he completes one fourth of the jail term is a mockery of
the judicial system, others argue that the deaths were associated with a
political movement and cannot be viewed through a criminal lens.
“The
government has once again proved that it works for perpetrators and is least
bothered about the pain of the victims. This is disrespect for the judiciary as
well,” Charan Prasai, a human rights activist, told the Post. “This pardon is
condemnable and objectionable.”
Right
defenders say it is surprising that the government didn’t even wait for the
full text of the court verdict before pressing ahead with the pardon.
Prakash
Osti, a former member of the National Human Rights Commission, said while there
is no legal problem for pardon, the government could have waited for the
court’s full text before taking the decision. “There was no need to make the decision
in haste. I would say the government demonstrated disrespect for the judiciary
by not waiting for the full text,” Osti told the Post. “However, there is no
legal hurdle to the pardon.”
The family members of those killed in the violence have started legal action
against the decision. Sharda Kadayat Bohra, wife of police inspector Keshav
Bohora, who lost his life in the incident, has moved the Supreme Court with a
writ petition challenging the pardon. “We have received the petition but it
couldn’t be registered on Sunday. We will decide whether or not to register it
after a study,” Bimal Poudel, spokesperson for the court, told the Post.
The
Tikapur incident happened on August 24, 2015 during a protest organised by the
Tharu community against a government decision to lump Kailali in a province
together with seven hill districts. The Tharu community had been protesting for
months in the run-up to the promulgation of the constitution demanding a
separate Tharuhat province comprising several historically Tharu-dominated
districts.
On
that day, the Tharuhat group had asked its supporters to come out in protest by
ignoring the prohibitory orders imposed by the local administration. Violent
clashes between protesters and police resulted in eight deaths. The police on
September 15, 2015 filed murder charges against Chaudhary and others who were
absconding after the violent incident.
Chaudhary
surrendered before the Kailali district court in February 2021. A year later,
in May 2019, the Kailali district court gave life sentences to 11 people
including Chaudhary. It handed 12 others three years of imprisonment while
another person got six months.
The
convicts had appealed the Dipayal High Court, which largely upheld the district
court’s verdict. The High Court upheld the life terms slapped by the district
court on Chaudhary and others.
Dissatisfied with the lower court’s verdict, Chaudhary and other convicts moved
the top court demanding that verdicts be scrapped and they be given clean
chits. However, rejecting their request, a division bench of justices Anand
Mohan Bhattarai and Nahakul Sudedi upheld Chaudhary’s life imprisonment.
Chaudhary
has served five years in jail, which is one fourth of life imprisonment as
defined by Nepali laws.
Observers
from Kailali say the Pushpa Kamal Dahal government has made a welcome decision
by pardoning Chaudhary. Hari Chandra Kamali, an associate professor at
“A
large section of the Tharu community thinks it was not a criminal act. And why
should people involved in the Tharu movement be given life terms while many
others involved in other similar movements are not even facing any
investigation?” Kamali said, talking to the Post over the phone from Kailali.
“With the amnesty granted to Chaudhary, Tharu people have gotten justice.”
Kamali
says most locals think Chaudhary was framed as he was not even present in
Kailali when the incident happened.
Although
Chaudhary can now walk free, he cannot return to politics. The Election of the
Member of the House of Representatives Act says anyone convicted of life
imprisonment or jail term of 20 years or above cannot contest elections.
Chaudhary’s
wife Ranjita Shrestha is a federal lawmaker and heads the Nagarik Unmukti Party
that she formed prior to the 2017 elections. The party has four lawmakers in
the House and Ranjita is a government minister.
Resham Chaudhary
released from prison
Former lawmaker Resham Chaudhary has been released
from Dillibazar prison on Monday following a presidential pardon on the
occasion of Republic Day.
President
Ramchandra Paudel, on the government’s recommendation, commuted his
remaining jail term on Sunday. Chaudhary was serving a life term after being
convicted of masterminding the 2015 Tikapur massacre.
A Cabinet
meeting on Sunday had requested President
Paudel to pardon the remaining jail terms of 501 convicts including Chaudhary
on the occasion of Republic Day.
The
government made the recommendation as per Article 276 of the Constitution of
Nepal. The President may, in accordance with law, grant pardons, suspend,
commute or remit any sentence passed by any Court, judicial or quasi-judicial
institution or administrative authority or institution, the article says.
The
government’s action has drawn mixed
reactions from the civil society and intelligentsia.
On May 16, the Supreme Court had upheld the decision of Dipayal High Court to
sentence Chaudhary to life for the Tikapur massacre where seven security
personnel and a toddler were killed. The Home Ministry had taken the process
for pardon ahead even as the apex court has yet to issue the full text of the
verdict on the case.
Seven
police personnel, including a Senior Superintendent of Nepal Police, and a
toddler were killed during violent protests in Tikapur on August 24, 2015, in
the run-up to the promulgation of the constitution.
The
Kailali District Court slapped a life sentence on Chaudhary identifying him as
the main accused, and the verdict was later endorsed by the Dipayal High Court.
He
had surrendered before the Kailali district court in February 2018 and was
serving a life sentence at the Dillibazar prison in the Capital.
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