A group of lawyers led by advocate Madhav Kumar Basnet moved the apex court arguing that the provisions in the TRC ordinance to give amnesty even to those involved in heinous crimes is against the principle of transitional justice and international humanitarian law.[break]
The writ petitioners have urged the SC to issue an interim order against the ordinance stating that the defendants can proceed with its implementation.
They have claimed that the ordinance has created a legal ground to give amnesty for those involved in murder, abduction and forced disappearance.
“The provision that the TRC as per its discretion can give amnesty for any crimes apart from rape has deprived the victims of the right to legal remedy,” reads the writ petition.
The writ petitioners have also questioned the legitimacy and credibility of the ordinance arguing that it was issued by keeping the major stakeholders, victims and civil society in dark.
Chairman of the Interim Election Council Khil Raj Regmi and his office, Minister for Law and Justice, among others have been made defendants in the petition.
Another writ petition, which was filed by the victims of the conflict, has demanded the apex court to scrap clause 13, 23, 25 and 29 of the ordinance on TRC.
The writ petitioners have argued that the ordinance on TRC is also against Article 12 (1), 13 (1) and 24 (9) of the Interim Constitution.
They have also urged the SC to issue a directive order on formation of a taskforce to make recommendations regarding the issue. The president had issued the ordinance on March 14.
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