Leaders of the Maoist current gathered at the Prime Minister’s (PM) residence in Baluwatar on Tuesday morning after the Supreme Court (SC) ordered the registration of two court petitions to arrest the CPN (Maoist Center) Chairman and Prime Minister Pushpa Kamal Dahal.
Baburam Bhattarai and Mahindra Raya Yadav of the Nepal Samajwadi Party, CPN leader Khadga Bahadur Bishwakarma, CPN (majority) leader Dharmendra Bastola, CPN (Revolutionary Maoist) leader CP Gajurel, Communist Party leader Baigyanik Samajwadi Bishwa Bhakta Dulal , Karnajit Budhathoki, Hemanta Prakash Oli and others participated in the meeting, according to Prime Minister Dahal’s secretariat.
Vice President of the Krishna Bahadur Mahara Maoist Center, General Secretary Dev Gurung and Maoist leaders such as Matrika Yadav, Haribol Gajurel and Shakti Basnet, among others, also attended the meeting.
The leaders have been saying that the former Maoists should unite as far as possible or at least form a joint front in light of the SC order.
The SC reasoned that conflict-era cases cannot drag on for eternity while ordering the registration of two court petitions seeking the arrest of CPN (Maoist Center) Chairman and Prime Minister (PM) Pushpa Kamal Dahal.
Justices Ishwar Khatiwada and Hari Phuyal, in reversing the administration’s decision not to register the petitions filed by Kalyan Budhathoki of Ramechhap and lawyer Gyanendra Aran, noted that the petitions were filed raising questions about rights to justice, including reparations and compensation due to citizens who were victims. during the armed conflict.
“The criminal justice system must not remain inert, empty or in an ineffective state. Victims’ problems to know factual information, justice and reparations in incidents of serious human rights violations during the period of armed conflict according to the peace agreement, the Constitution of Nepal, the orders of this court and international laws and principles. I don’t think it’s appropriate to be trapped for eternity for different reasons.”
The High Court ruled that cases requiring an order to investigate conflict-time incidents should be registered by the ordinary court, as transitional justice bodies appear to be inactive.
The Truth and Reconciliation Commission (CVR) and the Commission of Investigation on Forced Disappeared Persons were formed to resolve conflict-era cases, but have yet to begin work in earnest due to apathy from successive governments and parties politicians.
Addressing an event organized at Khula Manch in Kathmandu on the occasion of Maghi on January 15, 2020, Dahal refuted allegations that he had killed 17,000 people during the decade-long Maoist armed conflict, but said he would take responsibility for the death of 5,000 of those killed during that period. He had also said that he would take responsibility for everything good and bad that happened during the armed conflict.
In November 2022, the SC administration decided not to register the two petitions seeking a warrant to arrest Dahal based on his statement.
The court administration had refused to register petitions claiming that the conflict-era cases are outside the jurisdiction of the Supreme Court as they would be dealt with by the transitional justice mechanism.
The petitioners, Kalyan Budhathoki from Ramechhap and lawyer Gyanendra Aran, then filed a lawsuit against the decision.
Holding a hearing on their application, a joint court of Justices Ishwar Khatiwada and Hari Phuyal reversed the administration’s decision not to register the petitions on Friday.
Aran and Budhathoki have stated in their petitions that they are victims of the conflict and that they have also filed complaints against Dahal with the Truth and Reconciliation Commission.
They have sought the maximum punishment for Dahal and others under the law, claiming that Dahal had made a public statement taking moral responsibility for killing 5,000 people. They have also applied for a provisional warrant to arrest Dahal and move the necessary investigative process forward.
