KATHMANDU: The Supreme Court has dismissed a writ petition challenging the presidential pardon granted to Nagarik Unmukti Party founder Resham Lal Chaudhary.
A bench of Justices Sharanga Subedi and Shreekanta Poudel ruled to dismiss the petition challenging President Ram Chandra Paudel’s decision to pardon Chaudhary.
Sharada Kadayat, wife of police inspector Keshav Bohara, who was killed in the Tikapur incident in Kailali, had filed the writ petition against the decision to pardon Chaudhary. She filed the petition at the Supreme Court on Jestha 16, 2080.
Kadayat had named the Office of the President, Office of the Prime Minister and Council of Ministers, Ministry of Home Affairs and Resham Chaudhary as defendants. She had sought the annulment of the decision to grant Chaudhary a pardon.
Chaudhary had been convicted in the Tikapur incident and sentenced to life imprisonment. Kadayat had argued that granting a pardon in a case involving the brutal killing of eight security personnel, including a minor, was not lawful, particularly when the Supreme Court had upheld the High Court Dipayal’s verdict and the full text of the Supreme Court decision had not yet been prepared.
However, the then government had recommended that the President grant Chaudhary a pardon in accordance with the Constitution. On the occasion of Republic Day, President Paudel pardoned Chaudhary’s remaining prison sentence on Jestha 15, 2080.
Responding to questions raised by lawmakers in the House of Representatives, then Prime Minister Pushpa Kamal Dahal ‘Prachanda’ had said Chaudhary was pardoned in accordance with the Constitution and prevailing laws.
Dahal had said Article 276 of the Constitution provides that the President may grant pardons in accordance with law. He said Chaudhary had submitted an application for a pardon to the President through the Ministry of Home Affairs, following which the government recommended the pardon based on the opinion of the Office of the Attorney General.
Eight security personnel and a minor were killed in the violent incident in Tikapur, Kailali, on Bhadra 7, 2072.
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