Advocate Govinda Prasad Sharma ´Bandi´ moved the court arguing that Prime Minister Baburam Bhattarai´s verbal directive and Attorney General Mukti Pradhan´s written instruction are against the Interim Constitution.[break]
The petitioner has urged the SC to issue an interim order to annul the directives of the prime minister and the attorney general, who is the government´s legal advisor.
Sharma has also urged the apex court to issue necessary order to the prime minister and the attorney general stating that the two have abused their positions by issuing "illegal" instructions.
The petitioner has argued that the directives of the prime minister and the attorney general would affect the ongoing interrogation and prosecution process regarding the killing of Thapa.
According to the petitioner, Bhattarai had ordered Dailekh district officials to stop recording statements from the alleged killers while Pradhan on Friday had in writing instructed the District Attorney´s Office and District Police Office not to proceed with the process of recording statements of the accused.
Another writ petition filed by advocate Kamal Prasad Itani of Nepal Democratic Lawyers´ Association and secretary of Nepal Press Union Santosh Neupane at the court has accused the prime minister and the attorney general of holding the court in contempt. They have sought maximum punishment for the prime minister and the attorney general.
The petitioners have claimed that both the prime minister and the attorney general do not have any right to interfere with a sub judice case. They have also claimed that the prime minister and the attorney general by interfering with the case have violated their jurisdictions.
The prime minister, the attorney general, home minister and inspector general of Nepal Police, among others have been made defendants in the petition.
Police had arrested one of the four accused, Lachhi Ram Gharti Magar of Dwari VDC-1, Dailekh, last Thursday, four years after Thapa´s wife Laxmi lodged a written complaint against four district-level leaders and cadres of the UCPN (Maoist).
Acting on Magar´s statement, police arrested Bir Bahadur KC of Baluwatar VDC-7, Nirak Bahadur Gharti Magar of Baluwatar-9, and Harilal Pun Magar of Dwari VDC-3, last Friday. Jaya Bahadur Shahi, a resident of Raniban VDC-1, who was holed up in former lawmaker Bharat Regmi´s house, was arrested Saturday.
Related story
Debate by writ petitioners over, now it’s defendants turn to de...
