Tuesday, July 05, 2005

Tracleer


Big drama in SC premises
Kathmandu, July 5 - There was high drama on the Supreme Court premises yesterday, though not of a very edifying type. The apex court ordered the release of alleged Maoist Karna Bahadur Thapa Magar, who was rearrested three weeks ago by the security forces after the SC ordered his release. Thapa Magar, however, refused to leave the premises. He told a gathering of journalists, human rights activists and UN observers that security forces might kill him if he left the premises exulting over his freedom. Considering the past cases of security forces rearresting those granted freedom by the SC and the SC not doing anything about such brazen contempt or disdain shown to it, people who had gathered there thought Thapa Magar had a strong case!Some plainclothes securitymen--two of whom were wearing masks--were waiting for him in the court premises to rearrest him from the time the court released him in the presence of the Supreme Court acting Registrar Durga Prasad Duwadi. As Magar's vehicle emerged from the court premises, some plainclothes securitymen on motorcycles followed the vehicle.
This was the second time the court had to order the authorities to release Magar. On June 8, the court had ordered the authorities to release him in the presence of a judge of the Kathmandu District Court. He was however re-arrested from the premises of Kathmandu District Court soon after he emerged from the court gates.
While passing the order to the authorities, Justices Khilraj Regmi and Balram KC drew the attention of the authorities not to re-arrest Magar since such a situation is against Article 12 of the Constitution - right to freedom - and international humanitarian laws. The court also reminded the authorities not to repeat such acts [re-arrest in defiance of court orders].
The court’s business ended at 5 pm, the officials of the court waited till 8 pm. Human rights activist Mandira Sharma said that after getting to his friend’s house, Thapa Magar is now “safe.” Obviously, those who had watched the unfolding of the drama asked questions like “how safe” and “for how long”. But none had any answer. Officiating SC Registrar Durga Prasad Dawadi said: “It was against the constitution and the rule of law to have tried to rearrest anyone freed by the SC”. “I will give a report to the CJ on the drama played by the security forces on the court premises,” Dawadi said. In their order, the justices told the government to follow the statute and international human rights conventions to which Nepal is a signatory.
The 32-year old had to finally flee in a vehicle escorted by two UN vehicles at 8:55 pm, three hours after the court set him free. Four UN human rights monitors escorted him to a safe place.
Meanwhile, the army has given "a false" statement to the Supreme Court regarding the arrest of Magar. According to a written reply from the Royal Nepalese Army Headquarters, Magar was arrested in Bhaktapur by patrolling security forces on June 9 with socket bombs and "terrorist related documents".


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