Three informed cabinet sources, including a CPN-UML minister, told Republica that the cabinet did not take any decision on Wednesday as the prime minister did not include the proposal on the agenda for Wednesday´s cabinet meeting. [break]
"The prime minister is against the proposal," said the CPN-UML minister on condition of anonymity, "But that does not mean it has been rejected."
"It is not easy for the prime minister to turn down the proposal outright as the issue is sensitive and can affect the coalition," the minister said of the complications the proposal means for the prime minister.
Lawmaker Dhungel was convicted by the Supreme Court last January for the murder of one Ujjan Kumar Shrestha in Okhaldhunga in 2004. Though Okhaldhunga District Court has ordered police to arrest Dhungel, he is yet to be nabbed.
As per Article 151 of the Interim Constitution, the President can grant amnesty to a convict if the government so recommends.
But the national and international human rights communities have argued that this particular case involves grave human rights violation and does not deserve pardon.
In the proposal, Mahara has argued that Shrestha´s murder happened during the conflict period and the case should be taken as an incident of the conflict period to be dealt with under transitional justice mechanisms to be formed when transitional justice laws are enacted. The laws are under discussion at parliament´s bills committee.
The cabinet received the proposal a day before scheduled hearings on a writ petition filed by Shrestha´s sister Sabitri Shrestha. Shrestha moved the courts on Tuesday seeking a court order to the government to imprison Dhungel.
She has argued in the petition that pardon cannot be granted as Dhungel was involved in grave human rights violation. The Supreme Court is due to hold an initial hearing on the petition Thursday.
Speaking at a program organized by the Office of the High Commissioner for Human Rights, Nepal on Wednesday, Sabitri Shrestha said the Maoists had not even allowed the cremation of her brother´s mortal remains as per customary rites.
They were compelled to bury the body, instead of a cremation according to Hindu rites.
"We were not allowed to collect my brother´s body for a few days," she said, showing a picture of the deteriorated body at the program attended by political leaders, human rights activists and members of the international community. "I am saddened by news that the government is going to recommend amnesty to him [Dhungel]."
However, Law Minister Prabhu Shah said he was unaware of the proposal.
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