Hearing pushed back due to petitioner’s absence

  • murder case of krishna prasad adhikari
- DEWAN RAI, Kathmandu
Court Registrar Gehendra Raj Panta says police have been asked to bring the petitioner for hearing rescheduled for Sept 11

Aug 23, 2016-The Chitwan District court has rescheduled hearing on the murder case of Krishna Prasad Adhikari for September 11 after the petitioner failed to show up to testify in the case on Monday. 

Court Registrar Gehendra Raj Panta said that police have been asked to bring the petitioner in the scheduled date for statement. As per the court procedure, the petitioner is supposed to be present in the court to testify in the case.

Krishna, a resident of Fujel of Gorkha district, was allegedly abducted and killed in Chitwan district by then-rebel Maoists in 2004. The case grabbed a national attention after leading rights defenders brought the issue to the fore. 

His father Nanda Prasad had initially reported police about the incident but it was 18 months after the incident that a proper First Information Report was lodged in the court accusing 12 individuals of being involved in the murder by his brother Nur Prasad. 

Police had arrested two of the accused but were released in lack of evidence of their involvement in the case. Nanda Prasad along with his wife Ganga Maya started a hunger strike in 2013 demanding arrest of the accused after the court released them on bail. Health of Ganga Maya, who has resumed her hunger strike, is deteriorating. 

Under mounting pressure, the District Attorney’s Office in Chitwan had filed a charge sheet in 2014 seeking life imprisonment with confiscation of entire property against those accused. However, the plaintiff failed to show up to testify in the case. 

As per the Section 115 of Court Management and Administration of Justice, the witness who fails to be present even upon the issuance of a subpoena could be fined Rs 50 and be arrested. 

The first petitioner Nanda Prasad died two years ago, while the next petitioner Nur Prasad has gone incommunicado ever since his parents started the hunger strike. 

“The petitioner’s failure to show up in the court has further weakened the case,” said advocate Satish Mainali, adding, “His parents were ill advised to register the case under the criminal justice process for justice, which actually should brought under the Truth and Reconciliation Commission.”

Published: 23-08-2016 13:57

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