Writ against Shelving of FIR filed

26 November, 2012

26 November 2012. Requesting for the nullification of the government decision to shelve the FIR against Maoists including Agni Sapkota in Arjun Lama’s murder case, the victim’s wife Purnimaya Lama has filed a writ at the Supreme Court (SC) on 22 November.

The Nepal Government Council of Ministers arrived at the decision on 27 July 2012 of shelving the FIR filed against Maoists including former ministers Agni Prasad Sapkota and Suryaman Dong. Purnimaya Lama had filed the FIR against Sapkota and Dong among others as perpetrators at Kavre District Police Office as per the SC decision on 10 March 2008. The writ filed at the SC seeks to nullify this government decision which effectively stops all investigations into the case.

Maoist activists had abducted Arjun Lama from Shree Krishna High School at Chhatrebanjh, Kavre on 29 April 2005 and killed him at Budhakhani VDC, Kavre towards the end of June 2005. The police had refused to register the FIR pinpointing the perpetrator in the beginning but had complied with court order and registered it later on.

The writ mentions that there is no legal and constitutional provision of shelving the FIR and this government action is arbitrary and ill-intentioned. This move also goes contrary to the SC order of reporting the court of progress in investigation into the case every 15 days and informing the court if there are any hindrances to the investigation.

Advocacy Forum provided legal assistance to file the writ which makes even the Prime Minister one of the respondents.


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