SC rejects Chaudhary’s plea to get MP certificate via power of attorney

- Post Report, Kathmandu

Dec 25, 2017-

The Supreme Court has rejected the request of MP-elect Resham Chaudhary, who has been at large following charges of his involvement in the August 2015 Tikapur carnage, for receiving the certificate of his election as a member of parliament through the power of attorney.

Chaudhary won the Kailali Constituency-1 seat with a wide margin during the federal parliamentary election held on December 7 for the Rastriya Janata Party Nepal.

A single bench of Justice Tanka Bahadur Moktan on Sunday upheld the decision of the Supreme Court registrar not to register Chaudhary’s petition.

The SC further ruled that Chaudhary should be presented to the court for flouting the court’s warrant. Nobody can claim rights guaranteed by the constitution and laws by evading the court’s procedure, the bench stated, adding that an accused should follow the court’s procedure to seek legal remedy, which the petitioner had failed to do.

On December 15, the SC refused to register Chaudhary’s petition claiming that a murder accused cannot register a writ through the power of attorney. Chaudhary’s younger brother had tried to file the petition demanding the certificate of election through the power of attorney.

Charged with masterminding the murder of 7 police personnel, including an SSP, and a child during the Tikapur incident of August 24, 2015 in Kailali, Chaudhary has been absconding for more than two years since.

A single bench of Chief Justice Gopal Parajuli on December 18 ordered the government to submit all the original documents related to Chaudhari’s trial. A case has been filed in the Kailali District Court, Dhangadhi, against the suspects, including Chaudhary.

RJP-Nepal coordinator Mahantha Thakur termed the decision as “serious”, saying that his party would decide its next move later.

Published: 25-12-2017 08:11

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