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SC finds fault with PM's petition‚ sends it back for correction



KATHMANDU: The Supreme Court today sent back Prime Minister Baburam Bhattarai’s application demanding vacation of apex court’s January 15 order not to obstruct investigation into journalist Dekendra Thapa’s murder, citing ‘some technical errors’ in his petition.

Stating that the government was making its efforts to form the Truth and Reconciliation Commission and Commission on Inquiry of Disappearances, Prime Minister Bhattarai in his petition had demanded that the apex court vacate its order as only transitional justice mechanism, not regular justice system, could look into war-era cases.

“As there were some technical errors in the prime minister’s petition, we sent the application back to the Office of the Prime Minister, asking his office to correct it,” said Prakash Raut, Deputy Registrar, Supreme Court. “If they register the petition by the stipulated time, we will produce it before the bench,” he added. However, Attorney General Mutki Narayan Pradhan’s petition, which had similar demands, was registered today.

In its order on January 15, the apex court had asked the prime minister and attorney general not to obstruct justice process and ordered district authorities to continue with the prosecution against those accused of murdering Thapa. It had also asked local authorities to report to it if any agency tried to impede the justice process.

In their petitions, the prime minister and attorney general have claimed that the apex court did not provide them a chance of a hearing while issuing the order and that there was guarantee of transitional justice mechanism to deal with war-era cases. The order was issued by going against the basic provision of the Interim Constitution and Comprehensive Peace Accord, read the petitions.

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