Alam’s ‘terror’ at District Court, victims filing application to transfer case

Khabarhub

November 11, 2019

Reading Time: 2 minutes

Alam’s ‘terror’ at District Court, victims filing application to transfer case

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KATHMANDU: Rautahat District Court is currently conducting bail hearing for Nepali Congress (NC) suspended lawmaker Mohammad Aftab Alam facing murder charges.

After the bail hearing, the court will determine whether or not to allow Alam to post bail and be released from police custody for the duration of his trial.

10 persons including Alam have been charged with burning those injured a bomb explosion in a brick kiln. One has been accused of assisting the crime.

Alam’s cadres were reportedly making a bomb following his order and were injured when the bomb accidentally went off. Seven persons were killed in the bombing some 12 years ago.

But, the victims who had lodged a complaint with the police against Alam said they are feeling insecure as men loyal to Alam have been threatening them of murder.

An advocate advocating for the plaintiff also said that Alam has created ‘a scene of terror within the court’.

“Some 30-40 police are providing security to the victims. Advocates advocating for the plaintiff have also been threatened by Alam’s men,” an advocate told Khabarhub.

According to advocates of the plaintiff, Alam’s men have been ‘abducting’ the government witness and eyewitness to force them to file applications at the court in Alam’s support.

Meanwhile, the victims are preparing to file an application to move the case to the Birgunj bench of Janakpur High Court citing insecurity.

Article 145 of the Constitution has provided the power to transfer cases.

It states that if a High Court is of the opinion that a case which is sub judice in a subordinate court within its jurisdiction involves a question relating to a State law and it is essential to settle that question in order to decide the case, the High Court may procure the case and dispose the case wholly or decide only such question and remand the case to the court of first instance.

If it is satisfied with the reason that there exists a situation where judicial impartiality can be questioned if a case filed in a District Court is tried by that Court, the High Court may, for reasons and grounds to be recorded, order such case to be transferred from such District Court to another District Court under its jurisdiction and tried by the latter District Court, as provided for in the Federal law, states the Article.

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