Kathmandu, Nepal, December 13, 2022: The government has forwarded an ordinance to amend the Civil Code for Criminal Procedure-2072 BS to the President’s Office, Sital Niwas on Monday.
A cabinet meeting held on Sunday had decided to bring the ordinance to pave the way for the withdrawal of cases against leaders and cadres of different political parties.
The government has proposed to amend section 116 of the Civil Code for Criminal Procedure (CCCP) to add a provision allowing the government to withdrawal of cases of political nature pending in a court of law.
The government’s decision to introduce the ordinance, however, needs to be authenticated by the President Bidya Devi Bhandari to become law to grant amnesty to those who are serving their jail term on criminal charges.
As of now, no law of the nation allows the government to grant amnesty in the criminal charges. Only the President can pardon people doing jail time in the recommendation of the government.
As the ruling alliance has been trying to take into confidence the Ranjita Shrestha-led Nagarik Unmukti Party (NUP) and the Raut-led Janamat Party to form a new government, it is widely believed that the ordinance is being introduced to release leaders and cadres of the two parties from jail as per their conditions.
The NUP has openly been putting forth its condition that Resham Chaudhary, husband of the Chairman Shrestha, and other leaders and cadres of the party have to be released from jail to get support to the new government.
As Resham Chaudhary’s case is under review in the apex court following decisions by the district and the high courts, amendment in the CCCP is most to release him from the jail. The sub-section 8 of the CCCP states that despite whatever has been written elsewhere in the section, cases that are either sub judice or under review cannot be withdrawn.
Likewise, CK Raut-led Janamat Party has also demanding release of its leaders and cadres from jail though it has already agreed to join in the new government.
Other parties like Netra Bikram Chand-led Nepal Communist Party and other Madhes based parties, regardless of ruling allies or opposition, have also been demanding that their leaders and cadres, who have faced criminal charges while involving in political movements, have to be released.
The government has a saying that the ordinance is required to pardon some politicians to bring them to the political mainstream. Revealing the cabinet decision, government’s spokesman and communications minister Gyanendra Bahadur Karki defended the government’s decision stating on Monday that some politicians deserve pardon and this will bring peace, unity and development to the country.
“The government has a goal to bring political parties or groups involved in violent activities into peaceful politics,” Karki said adding that such a decision is made as per the understanding among the political parties.
