File murder case against Agni Sapkota : SC
In the first order of its kind, the Supreme Court on Monday ordered the District Police Office and District Administration Office in Kavre to file a murder case against Maoist central leader Agni Sapkota and five Maoist cadres.
Justice Ram Prasad Shrestha and Damodar Prasad Sharma passed the order
following a hearing at the Supreme Court on the writ petition filed by one Purni Maya Lama.
Lama has accused Sapkota and Maoist cadres Yadav Poudel, Bhola Aryal, Karnakhar Gautam, Surya Man Donga and Norbu Moktan of murdering her husband Arjun Bahadur Lama in April 2005 when the CPN-M was fighting government forces.
Lama moved the Supreme Court after the police and administration offices in Kavre refused to register her application seeking action against the Maoists under the Murder Section of the Country Code. The authorities had maintained that the issue would fall under the jurisdiction of the to-be-formed Truth and Reconciliation Commission.
"Her application be registered as the plaintiff has categorically mentioned the names of the accused," the Justices ruled.
The order means that the accused must be arrested for investigation and murder cases filed against them at the district court, said Govinda Bandi, one of Lama's lawyers. This is the first time the court has ordered authorities to file murder case against any Maoist leader over a crime allegedly committed during the 10-year old Maoist conflict.
Earlier this year, the court had issued a similar kind of order in a crime related to the conflict to authorities of the district. Then, the court had order authorities to file a murder case against army officer Bobby Khatri, among others, on the charge of murdering Maina Sunwar, a 15-year old girl. However, authorities are yet to act on the apex court order.
In the first order of its kind, the Supreme Court on Monday ordered the District Police Office and District Administration Office in Kavre to file a murder case against Maoist central leader Agni Sapkota and five Maoist cadres.
Justice Ram Prasad Shrestha and Damodar Prasad Sharma passed the order
following a hearing at the Supreme Court on the writ petition filed by one Purni Maya Lama.
Lama has accused Sapkota and Maoist cadres Yadav Poudel, Bhola Aryal, Karnakhar Gautam, Surya Man Donga and Norbu Moktan of murdering her husband Arjun Bahadur Lama in April 2005 when the CPN-M was fighting government forces.
Lama moved the Supreme Court after the police and administration offices in Kavre refused to register her application seeking action against the Maoists under the Murder Section of the Country Code. The authorities had maintained that the issue would fall under the jurisdiction of the to-be-formed Truth and Reconciliation Commission.
"Her application be registered as the plaintiff has categorically mentioned the names of the accused," the Justices ruled.
The order means that the accused must be arrested for investigation and murder cases filed against them at the district court, said Govinda Bandi, one of Lama's lawyers. This is the first time the court has ordered authorities to file murder case against any Maoist leader over a crime allegedly committed during the 10-year old Maoist conflict.
Earlier this year, the court had issued a similar kind of order in a crime related to the conflict to authorities of the district. Then, the court had order authorities to file a murder case against army officer Bobby Khatri, among others, on the charge of murdering Maina Sunwar, a 15-year old girl. However, authorities are yet to act on the apex court order.
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