21 June 2011. Responding to a Public Interest Litigation (PIL) filed by a group of human rights defenders seeking immediate suspension of incumbent Minister of Information and Communication Agni Sapkota for the latter’s involvement in a murder case, the Supreme Court (SC) has today refrained from issuing the interim order as sought by the applicants. However, the verdict has been instrumental in imparting a ray of hope to victims of human rights violations during the conflict by clarifying, among other things, some general misconceptions regarding the transitional justice debate in Nepal.
The verdict has clearly stated that transitional justice system does not supersede criminal justice. It may be noted that one of the prominent rationales put forward by those with personal, institutional, or ideological links to alleged perpetrators that cases dating back to conflict cannot proceed in the courts and must be dealt by the proposed Truth and Reconciliation Commission.
This express ruling from the SC has again breathed life into all those cases from conflict which were either quashed or remain sub judice in the court. (See AF’s report Evading Accountability by Hook or By Crook: The Issue of Amnesties in Post-conflict Nepal for details)
Further, the Court has expressed its disappointment at the delay by the police in investigation of the case filed by Purnimaya Lama, widow of Arjun Lama, against Minister Agni Sapkota and others. It has also directed the Kavre District police to re-energize itself in the investigation against Arjun Lama, and to report every 15 days to the court via the Attorney General’s Office. This is also very important because many of the FIRs which have lodged have been pending as police has not done any investigation. It has also referred to the roles of public prosecutors on these cases.
Finally, the court has questioned the morality of Mr. Sapkota continuing as minister, seeking his cooperation in the murder investigation, but leaving it to Mr. Sapkota to take the personal decision to resign from office.
