A special bench of Justices Kalyan Shrestha, Sushila Karki and Kamal Narayan Das said that granting pardon when the petition demanding execution of the court verdict was sub judice would create inconvenience for the judicial process in future. The order further stated that instead of abiding by the past verdict of the court which had slapped life imprisonment on Dhungel for the murder of Ujjan Kumar Shrestha of Okhaldhunga back in 1998, the government had undermined it by advancing pardon plea. So the bench directed the office of the President, Prime Minister Baburam Bhattarai, the office of the Prime Minister and the Council of Ministers to hold its decision until the case is finalized.

In response to a writ petition filed by Sabiti Shrestha on 13 Nov, a single bench of Justice Tahir Ali Ansari had stayed the Cabinet recommendation and had referred the case to a special bench given its constitutional and legal complexities.