Prez to consult experts, review int'l practice on Dhungel plea

KATHMANDU, Nov 10: President Ram Baran Yadav has said that he will review international practice and consult experts before taking any decision on the government´s request to grant pardon for murder convict and Maoist Lawmaker Balkrishna Dhungel.

Talking to a delegation of Nepal Bar Association (NBA) and rights groups, who met President Yadav on Wednesday to urge him not to approve the pardon plea for the Maoist lawmaker, the president said, "I will act as per the Constitution." [break]

During the meeting the delegation strongly objected the government´s move of recommending pardon for lawmaker Dhungel and urged him not to approve the pardon.

They said the act of seeking pardon for Dhungel, who has been convicted of murdering one Ujjan Shrestha of Okhaldhunga, not only goes against the constitution but also undermines the rule of law and accountability.

During the meeting with the president, Nepal Bar Association Prem Bahadur Khadka explained that the government recommendation for pardon violates the constitution on two grounds.

First, an application filed by victim´s family member seeking implementation of the verdict is subjudice in the Supreme Court and the head of the state cannot intervene on any such case, even if he has power to grant pardon. Second, Khadka highlighted that there was no ground for granting pardon in a case in which the verdict was never implemented in the first place.

Shrestha´s parents

He was of the view that Dhungel could have appealed for pardon if he had accepted the verdict and served the jail term.

"The case involving Dhungel is not a political one, it is a case of murder on account of personal animosity," said Khadka.

Dhungel has been slapped life sentence with property attachment for the murder of Shrestha. Though the Supreme Court upheld the conviction slapped by a lower court on Dhungel in 2010, the verdict has not been implemented till date.

However, in a mockery of the country´s legal system, Dhungel continues to roam free despite the life term on him.

In the meantime, Khadka said NBA is very much concerned about the government move as it encourages impunity. He said NBA has called a meeting of its advisory committee, comprising its former president and senior advocates, to discuss the issues, for Friday.

"NBA is ready to take to the street if it comes to that for stopping the pardon for Dhungel," warned Khadka.

In the meantime, human rights organizations, political parties and political leaders have condemned the government decision to recommend pardon for Dhungel.

"I humbly ask the president to consult the Supreme Court and other bodies before taking a decision in this case," said Subodh Raj Pyakurel, chairman of Informal Sector Service Center (INSEC) in a statement, "This case might pave way for granting pardon to other individuals and organizations involved in human rights violation."

Similarly, NGO Federation of Nepal, Human Rights Alliance and Accountability Watch have also expressed their concerns over the government´s recommendation to seek pardon for a murder convict.

Nepali Congress central committee leader Dr Shekhar Koirala said the government´s decision seeking pardon for Dhungel has undermined the rule of law.

Similarly, Madhesi People´s Rights Forum (MPRF) Nepal has also condemned the decision saying such a move will encourage grave human rights violations in the country. "The party demands the government to withdraw the decision," MPRF said.