14 June 2011. A writ petition has been filed at the Supreme Court today demanding the implementation of the court’s earlier verdict to incarcerate UCPN-Maoist CA member Balkrishna Dhungel, who is convicted in the murder of Ujjawan Kumar Shrestha of Okhaldhunga.
With legal assistance from Advocacy Forum, the petition was filed by victim’s sister Sabitri Shrestha after the implementation of the Apex Court’s order on 8 September, 2010. In its verdict, the Supreme Court had upheld the murder conviction against lawmaker Dhungel.
Dhungel was initially tried and sentenced to life imprisonment with confiscation of property by the District Court of Okhaldhunga for the murder of Shrestha in June 20. When appealed the verdict, the Appellate Court of Rajbiraj had overturned the verdict of the District Court arguing such cases would be dealt with by the to-be-formed Truth and Reconciliation Commission (TRC). The public prosecutor then had appealed to the Supreme Court.
Following the Supreme Court’s decision, UCPN-Maoist had formally requested the then government to pardon Dhungel invoking Article 151 of the interim constitution that allows the cabinet to ” grant pardons (to persons convicted), and suspend, commute or remit any sentence imposed by any court, special court, military court or by any other judicial or quasi-judicial ,or administrative authority or institution”.
Dhungel continues to be an active member of the CA and is yet to be arrested.
