Miscellaneous
SC set to hear TRC Act from July 10
The Supreme Court is set to begin a hearing on the petition challenging the Truth and Reconcialitiion Commission (TRC) Act from July 10.A three-member bench led by Chief Justice Damodar Sharma on Thursday issued the order to this effect. The bench was deliberating whether a stay order is required as sought by the plaints. The court had last Thursday 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 this month, claiming the provisions in the newly-enacted Truth and Reconciliation Act regarding amnesty and reconciliation are inconsistent with the Supreme Court order. In January, the apex court had called for forming the TRC in line with international standards while ruling out general amnesty for serious crimes. The petitioners have also challenged the formation of the proposed Truth and Reconciliation Commission (TRC) saying that it is riddled with problems. They have demanded an amendment to Section 22 that allows the commission to mediate for reconciliation if either perpetrator or victim so requests.
The other provisions challenged in the court are Section 25, which excludes the cases for prosecution that are subjected to the reconciliation, and Section 26 that gives TRC discretionary powers to grant amnesty for serious crimes. The petitioners have demanded amendment to the Section 13, Section 24 and Section 29. The Section 13 provisions for bringing sub judice cases under the TRC's jurisdiction, the Section 24 excludes stakeholders while returning confiscated properties, and Section 29 apparently limits the roles of the attorney general and the public prosecutor in filing cases.