HIMALAYAN NEWS SERVICE
KATHMANDU: Supreme Court today issued a show cause notice against Registrar Anil Kumar Sharma of the Rupandehi District Court for refusing to register a case under the Torture Compensation Act.
Prashant Pandey of Bogadi VDC‚ Rupandehi‚ had filed a writ petition at the SC last week saying he wanted to file a case against some police authorities under the Torture Compensation Act‚ but Registrar Sharma neither registered his case nor specified any reasons for it. Earlier‚ Pandey told THT he was tortured when he was arrested by police last year‚ and made to urinate on a live heater that affected his potency.
Single Bench of Justice Kalyan Shrestha issued the show cause notice against Sharma but refused to give priority to the case as sought by the petitioner. Sharma will have to furnish a written reply within a month.
Advocate Hari Phuyal‚ who pleaded on Pandey’s behalf‚ said the issuance of a show cause notice in the case was an important achievement for his client. He pleaded that torture was a serious crime and registration of a case under the Torture Compensation Act should‚ therefore‚ not have been refused just because somebody misses time limitation. He also argued that his client Pandey failed to register his case within the time limit because he was hospitalised and by the time doctors certified that he had suffered serious injury‚ the time for registering the case had passed.
Phuyal said the law should count the day from the date a doctor certifies serious injury and not the date when somebody is released from the jail. “It is the government’s duty to do a medical check on him. This was not followed in Pandey’s case‚” Phuyal told.