16 January 2013. Responding to a writ petition that requested an interim order against Prime Minister Baburam Bhattrai and Attorney General (AG) Mukti Pradhan to refrain from stopping investigations into Dekendra Thapa murder case, the Supreme Court (SC) on 15 January 2013 issued a stay order. This order has allowed the Dailekh District Police Office and District Attorney Office to continue with recording the statements of the accused in the case.
The police and public prosecutor at Dailekh had stopped taking statements from the accused after receiving a letter sent by the AG’s Office directing them to do so. Moving the apex court to stop this “unconstitutional” move, human rights advocate Govinda Bandi had filed the petition on 13 January.
Ordering to immediately proceed with the investigations, the single bench of Justice Kalyan Shrestha also asked Dailekh Police and the District Attorney’s Office to duly inform the court if they face any obstacles in the process.
Ex-attorney generals Yubaraj Sangraula, Badri Bahadur Karki, Laxmi Bahadur Nirala and Yagya Murti Banjade and other senior advocates had pleaded on behalf of the petitioner.
In the same order, the SC also lambasted the AG Office’s arguments for stopping the investigations on the grounds of putting all conflict cases like that of Dekendra Thapa under the jurisdiction of yet-to-be-formed Truth and Reconciliation Commission (TRC) saying that the TRC cannot stop the functioning of regular justice system.
