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Nepal
Court Proceedings:2014
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Date
Incidents
January - 2 
The Supreme Court (SC) on January 2 has decreed against any bid to offer blanket amnesty to those alleged of serious human rights violation during the armed conflict (1996-2006), reports Nepal News. Delivering order in regard to a writ petition filed against the Ordinance on forming Truth and Reconc
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The Supreme Court (SC) on January 2 has decreed against any bid to offer blanket amnesty to those alleged of serious human rights violation during the armed conflict (1996-2006), reports Nepal News. Delivering order in regard to a writ petition filed against the Ordinance on forming Truth and Reconciliation Commission (TRC), the apex court said that the offer of amnesty will be against the spirit of justice. The apex court further said that the Ordinance contradicts with the citizens' right to life, right to seek justice, right to information, right against torture and other principles of justice.
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January - 6 
A group of Rastriya Prajatantra Party-Nepal (RPP-N) on January 6 filed a writ petition at the Supreme Court (SC) saying that the party was not fair in deciding the name list of Proportionate Representation (PR) members of the newly elected Constituent Assembly (CA), reports Nepal News. "Party Chairp
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A group of Rastriya Prajatantra Party-Nepal (RPP-N) on January 6 filed a writ petition at the Supreme Court (SC) saying that the party was not fair in deciding the name list of Proportionate Representation (PR) members of the newly elected Constituent Assembly (CA), reports Nepal News. "Party Chairperson Kamal Thapa unilaterally made the decision to select the PR members. Thapa and few other leaders did not even inform the central committee members about the nomination, as they selected individuals who were near and dear to them," said the petition. The petition was filed by nine RPP-N central committee members including Bal Krishna Neupane, Shastra Dutta Panta, Ganesh Sherchan and Indra Acharya. RPP-N has won 24 CA seats under the PR category in the recently concluded CA election.
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January - 7 
Supreme Court (SC) on January 7 asked the Office of the President to furnish a reply by January 13 as to why the head of the Interim Council of Ministers cannot call the first meeting of the newly elected Constituent Assembly (CA), reports The Hindu. A week ago, it had asked the Khil Raj Regmi inter
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Supreme Court (SC) on January 7 asked the Office of the President to furnish a reply by January 13 as to why the head of the Interim Council of Ministers cannot call the first meeting of the newly elected Constituent Assembly (CA), reports The Hindu. A week ago, it had asked the Khil Raj Regmi interim council as to why President Ram Baran Yadav cannot convene the meeting. This dispute is likely to further delay the convening of the first meeting of the new CA-cum-Parliament. Both President Yadav and the head of the interim council of minister, Mr. Regmi are adamant on calling the first meeting. While Mr. Yadav cites parliamentary traditions, Mr. Regmi has pointed to the Interim Constitution. Even the political parties are divided over who should call the meeting. They have decided to wait for the court’s decision on the issue.
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January - 8 
The Supreme Court (SC) on January 8 set a single date for hearing two opposing writ petitions on January 13 to decide whether the President or the Interim Election Council (IEC) Chairmain has the right to call the first meeting of the Constituent Assembly (CA), reports Nepal News. The court issued t
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The Supreme Court (SC) on January 8 set a single date for hearing two opposing writ petitions on January 13 to decide whether the President or the Interim Election Council (IEC) Chairmain has the right to call the first meeting of the Constituent Assembly (CA), reports Nepal News. The court issued this order while responding to a writ petition filed by advocate Biswas Acharya. Acharya has claimed that President Ram Baran Yadav has the constitutional authority to convene the first CA meeting. An earlier writ petition filed by advocate Mukunda Adhikari has claimed that IEC Chairmain Khil Raj Regmi has the authority to summon the first CA meeting. The apex court has already sought the help of ‘amicus curie’ (friends of court) to hold debate on the matter, concurrently initiating the process to seek clarification from IEC Chair and President as to why they think that they have the authority to convene the CA meeting.
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January - 9 
A Public Interest Litigation (PIL) was filed at the Supreme Court (SC) on January 9, seeking its directive to the yet-to-be formed Constituent Assembly (CA) and the Government to hold the elections for the posts of the President and the Vice-president, reports The Himalayan Times. Arguing that Presi
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A Public Interest Litigation (PIL) was filed at the Supreme Court (SC) on January 9, seeking its directive to the yet-to-be formed Constituent Assembly (CA) and the Government to hold the elections for the posts of the President and the Vice-president, reports The Himalayan Times. Arguing that President Ram Baran Yadav and Vice-president Paramananda Jha have already completed more than five years in their posts, Advocate Om Prakash Aryal filed the petition. He has sought SC’s order to ensure their retirement and to begin the process to hold elections for the posts. The apex court has registered the petition and scheduled an initial hearing for January 10 (today).
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January - 12 
A writ petition has been filed at the Supreme Court (SC) on January 12 demanding that the first meeting of the CA should be held only after the council of ministers nominates the remaining 26 seats, reports Republica. Advocate Sallu Tiwari filed the petition after the chairman of the Interim Electio
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A writ petition has been filed at the Supreme Court (SC) on January 12 demanding that the first meeting of the CA should be held only after the council of ministers nominates the remaining 26 seats, reports Republica. Advocate Sallu Tiwari filed the petition after the chairman of the Interim Election Council Khil Raj Regmi called the first meeting of the CA for January 22 ending a prolonged debate over whether the president or the chairman should summon the first meeting. Petitioner Tiwari has demanded that the apex court issue a mandamus in the name of the defendants in the case -- the Office of the Prime Minister and Council of Ministers and the chairman of Interim Election Council Regmi.
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January - 13 
The Supreme Court (SC) has dismissed two writ petitions on January 13, saying that it is now irrelevant to discuss whether the Interim Election Council (IEC) Chairperson or the President should convene the first Constituent Assembly (CA) meeting, reports Nepal News. Since IEC Chair Khil Raj Regmi ha
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The Supreme Court (SC) has dismissed two writ petitions on January 13, saying that it is now irrelevant to discuss whether the Interim Election Council (IEC) Chairperson or the President should convene the first Constituent Assembly (CA) meeting, reports Nepal News. Since IEC Chair Khil Raj Regmi has already convened the first CA sitting on January 22, it is unnecessary to hear the petitions, said the apex court. The petitions had separately claimed that IEC Chair Regmi and President Ram Baran Yadav have the constitutional authority to summon the first CA meeting. Ending a month long speculation, President Yadav reached an understanding with IEC Chair Regmi allowing the latter to convene the first CA meeting.
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January - 19 
A writ petition has been filed at the Supreme Court (SC) on January 19 to prevent Lalendra Kumar Mandal, who has been nominated as a CA member by UCPN-M under Proportional Representation (PR) electoral system, from taking oath of office, reports Republica. Mandal´s nomination as a CA member has draw
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A writ petition has been filed at the Supreme Court (SC) on January 19 to prevent Lalendra Kumar Mandal, who has been nominated as a CA member by UCPN-M under Proportional Representation (PR) electoral system, from taking oath of office, reports Republica. Mandal´s nomination as a CA member has drawn flak from all quarters as he has been accused of the murder of one Ram Bilas Mandal.
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January - 23 
The Supreme Court (SC) on January 23 scrapped a writ demanding an election for the appointment of new President and Vice President, reports The Himalayan Times. A single bench of justice Girish Chandra Lal released a verdict to this effect stating that the tenure of President and Vice President woul
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The Supreme Court (SC) on January 23 scrapped a writ demanding an election for the appointment of new President and Vice President, reports The Himalayan Times. A single bench of justice Girish Chandra Lal released a verdict to this effect stating that the tenure of President and Vice President would not end unless the promulgation of a new constitution or an amendment to the Article 36(c) of the interim constitution, maintaining it. A writ demanding polls to elect new President and Vice President was filed by advocate Om Prakash Aryal.
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January - 29 
The Supreme Court (SC) on January 29 issued summons to Unified Communist Party of Nepal (UCPN-M) lawmaker Lalendra Kumar Mandal for his alleged involvement in a murder, reports Republica. A single bench of Justice Prakash Wasti issued the summons responding to a writ petition filed by advocate Dines
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The Supreme Court (SC) on January 29 issued summons to Unified Communist Party of Nepal (UCPN-M) lawmaker Lalendra Kumar Mandal for his alleged involvement in a murder, reports Republica. A single bench of Justice Prakash Wasti issued the summons responding to a writ petition filed by advocate Dinesh Tripathi seeking Mandal’s arrest. The charge-sheet filed at the District court states that Lalendra Kumar Mandal, Upendra Mandal Dhanuk, Ganaur Mandal and Chandeshwar Mandal killed Ram Bilas Mandal using sharp weapons on September 1, 2012, at Tikuli Bazaar of Mahottari District.
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February - 7 
The Okhaldhunga District Court on February 7 sentenced five Unified Communist Party of Nepal-Maoist (UCPN-M) cadres to life imprisonment for the murder of Communist Party of Nepal-Unified Marxist Leninist (CPN-UML) leader Chabbi Lal Karki at the Tara Hotel of Okhaldhunga District three years ago, re
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The Okhaldhunga District Court on February 7 sentenced five Unified Communist Party of Nepal-Maoist (UCPN-M) cadres to life imprisonment for the murder of Communist Party of Nepal-Unified Marxist Leninist (CPN-UML) leader Chabbi Lal Karki at the Tara Hotel of Okhaldhunga District three years ago, reports Nepal News. Those found guilty of the murder are UCPN-M cadres Yadunath Ghimire, Tikaram Bhujel, Bimarsha Raj Ghimire, Nawaraj Basnet and Karki´s elder brother Dhan Bahadur Karki.
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April - 2 
The Supreme Court (SC) on April 2 said that the conflict-era cases can be tried under existing laws, reports Republica. The court´s decision has come at a time when both the Maoist parties - Unified Communist Party of Nepal-Maoist (UCPN-M) and Communist Party Nepal-Maoist (CPN-Maoist) - have been co
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The Supreme Court (SC) on April 2 said that the conflict-era cases can be tried under existing laws, reports Republica. The court´s decision has come at a time when both the Maoist parties - Unified Communist Party of Nepal-Maoist (UCPN-M) and Communist Party Nepal-Maoist (CPN-Maoist) - have been continuously exerting pressure on the political leadership not to take up insurgency-era cases until the Truth and Reconciliation Commission (TRC) and the Commission on Disappearance are formed. The former rebels are for settling all the war-time cases solely through the two commissions and not under existing justice system.
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April - 17 
The Chitwan District Court on April 17 released two Maoist cadres arrested in connection with 2004 Krishna Prasad Adhikari murder case, on bail, reports Nepal News. After conducting a hearing for two days, District Judge Binod Mohan Acharya delivered the order in the case. As per the court order, Bh
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The Chitwan District Court on April 17 released two Maoist cadres arrested in connection with 2004 Krishna Prasad Adhikari murder case, on bail, reports Nepal News. After conducting a hearing for two days, District Judge Binod Mohan Acharya delivered the order in the case. As per the court order, Bhimsen Poudel and Chhanilal Poudel have been decreed a bail amount of NPR 27,000 and NPR 20,000, respectively, as the pre-condition for their release from the judicial custody. Among the 13 Maoist cadres alleged of involvement in the Adhikari murder case, 11 are absconding. The court has issued arrest warrant against them.
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May - 12 
On May 12, the Supreme Court of Nepal directed the government authorities to appoint 26 Constituent Assembly (CA) members within 15 days, reports The Himalayan Times. A division bench of Justices Ram Kumar Prasad Shah and Kalyan Shrestha issued the mandamus order to authorities, the Office of the Pr
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On May 12, the Supreme Court of Nepal directed the government authorities to appoint 26 Constituent Assembly (CA) members within 15 days, reports The Himalayan Times. A division bench of Justices Ram Kumar Prasad Shah and Kalyan Shrestha issued the mandamus order to authorities, the Office of the Prime Minister and Council of Ministers, the Ministry of Law, Justice and Constituent Assembly and the CA Secretariat, not to delay the appointment process. As per the provision, the 601-member CA would comprise 240 elected lawmakers, 335 nominated under the Proportional Representation (PR) category and 26 nominated by the Cabinet.
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June - 12 
The Supreme Court (SC) is set to begin a hearing on the petition challenging the Truth and Reconcialitiion Commission (TRC) Act from July 10, reported Ekantipur.com on June 13. A three-member bench led by Chief Justice Damodar Sharma issued the order to this effect on June 12. The bench was delibe
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The Supreme Court (SC) is set to begin a hearing on the petition challenging the Truth and Reconcialitiion Commission (TRC) Act from July 10, reported Ekantipur.com on June 13. A three-member bench led by Chief Justice Damodar Sharma issued the order to this effect on June 12. The bench was deliberating whether a stay order is required as sought by the plaints. On June 5, the court had called both petitioners and defendants to discuss whether an interim order was required as demanded. A total of 234 victims from both rebel and state sides had lodged the petition earlier in May, claiming the provisions in the newly-enacted TRC Act regarding amnesty and reconciliation are inconsistent with the SC order.
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December - 7 
On December 7, the Dailekh District Court in Kathmandu, convicted five persons in the 2004 murder case of journalist Dekendra Thapa, a correspondent for state-owned Radio Nepal, who was abducted on June 26, 2004, and later was killed by the then Maoist cadres on August 11, 2004, reports The Himalaya
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On December 7, the Dailekh District Court in Kathmandu, convicted five persons in the 2004 murder case of journalist Dekendra Thapa, a correspondent for state-owned Radio Nepal, who was abducted on June 26, 2004, and later was killed by the then Maoist cadres on August 11, 2004, reports The Himalayan Times. A single bench of District judge Dilli Ratna Shrestha convicted Jaya Bahadur Sahi, Hira Lal Pun, Nirak KC, Bir Bahadur Gharti and Laxmiram Gharti in the Thapa murder case.
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