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SC questions President’s amnesty for Resham Chaudhary in Tikapur incident

Khabarhub

August 17, 2023

3 MIN READ

SC questions President’s amnesty for Resham Chaudhary in Tikapur incident

Supreme Court of Nepal, Ramshahpath in Kathmandu/File Photo

KATHMANDU: The Supreme Court (SC) has raised serious concerns regarding President Ram Chandra Paudel’s grant of amnesty for the life imprisonment of Resham Chaudhary, the patron of Nagarik Unmukti Party.

The SC pointed out that the Tikapur incident occurred during Chaudhary’s leadership and characterized it as a grave violation of civilized norms.

President Paudel granted amnesty to 482 prisoners, including Chaudhary, on the occasion of Republic Day on May 26, 2023.

The court’s comprehensive analysis of the Tikapur incident highlighted its “barbaric, inhumane, and unimaginable” nature within a society that prides itself on civility.

The SC’s explanation vividly depicted the extent of brutality in the incident, stating, “Resham Chawdhury’s mob brutally ended the lives of 8 police personnel who pleaded for mercy. The perpetrators employed sticks, stones, axes, and even inserted spears into their victims’ eyes. They doused the bodies with petrol and kerosene before setting them ablaze and mutilating them. These actions stand in stark contrast to the expectations of a civilized society and defy basic human conscience.”

The SC stated that the act of killing was carried out in an exceptionally inhumane, cruel, and ruthless manner, leaving no room for doubt regarding its nature.

Article 276 of Nepal’s Constitution includes a provision for presidential amnesty, stating, “The President may pardon, postpone, alter, or reduce sentences handed down by any court, judicial or quasi-judicial body, or administrative officer or body in accordance with the law.”

However, the Constitution specifies that any exemption or postponement must adhere to established legal guidelines. Section 159 of the Civil Code of Criminal Procedure Act, 2074, contains provisions regarding the possibility of sentence remission.

In light of the aforementioned details, the SC’s questioning of President Paudel’s amnesty decision for Resham Chaudhary in the Tikapur incident becomes a matter of intense legal and ethical scrutiny, observers said.

The Tikapur incident occurred on August 24, 2015, which involved violent clashes between Tharu ethnic groups and the security forces in Tikapur, in Kailali.

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