The message of the Supreme Court verdict in Tikapur incident: Resham Chaudhary's prison pardon is against the constitution

32 Shravan, Kathmandu. The Supreme Court has declared that the Tikapur incident is a heinous criminal offense and it is against the constitution, laws and principles of justice to pardon those involved in it in the name of a political incident.

In the full text of the verdict of the case related to the violent clash that took place on 7th Bhadra 2072 in which 7 security personnel and a minor died in Tikapur of Kailali, the Supreme Court declared this incident a heinous criminal offence. And the question was raised about the pardon of Resham Chaudhary, who was found guilty in this incident.

Resham Chaudhary, who was sentenced to life imprisonment by District Court Kailali and High Court Doti in the Tikapur incident, was sentenced to life imprisonment by the Supreme Court on Jestha 7. But 8 days later, on Jestha June, President Ramchandra Paudel waived Chaudhary's imprisonment.

In the full text prepared about 3 months after the judgment, the Supreme Court also pointed to the omission of the pardon from the President and said that such activities are against the valid principles of the Constitution, law and justice.

Judge Dr. The full text of the judgment of the bench of Anand Mohan Bhattarai and Nahkul Subedi states, '...saying that criminal law violations cannot be prosecuted in the name of political consent or political interests or crimes of a political nature by following the procedure according to the criminal law, or withdrawing the cases tried in such a way under the strategy of political bargaining or setting the price. It seems to be against the country's constitution, laws and valid principles of justice to act as a violation and mockery of recognition and legal system.

In this judgment, the Supreme Court did not examine the constitutionality of the President's decision to pardon Resham Chaudhary. Sharda Kadayat, the wife of police inspector Keshav Bohra, who was killed in the Tikapur incident, filed a separate writ in the Supreme Court on Jestha 16 against the President's decision. While hearing the writ, the bench of Judge Prakashman Singh Raut asked for a written response from the government agencies including the President's Office. The case is still pending.