Contempt of court writ filed against police chief

  • Petitioner says failure to arrest murder convict Dhungel is wilful disobedience by security force
- Post Report, Kathmandu

Oct 25, 2017-

A contempt of court writ has been filed at the Supreme Court (SC) against Inspector General of Police (IGP) Prakash Aryal for failing to abide by the SC order to arrest murder convict Bal Krishna Dhungel, a CPN (Maoist Centre) leader.

Advocate Dinesh Tripathi filed the writ on Tuesday demanding action against 

IGP Aryal for contempt of court, saying failure to arrest the murder convict is a wilful disobedience and gross negligence on the part of the government’s law enforcing agency—Nepal Police.

Citing media reports, writ petitioner Tripathi has argued that IGP Aryal did not make any effort to arrest Dhungel even when the convict was freely participating in functions in Kathmandu even after six months of SC’s order to arrest him within a week.

“This proves that IGP Aryal has not taken any initiative as per the SC order,” Tripathi has said in his petition.

He has demanded one year of imprisonment and Rs 10,000 fine for IGP Aryal as per the Judicial Administration Act 2016 section 17(1).

The petitioner has also demanded an SC order to the government to form a high-level taskforce immediately and report to the apex court about the progress on the whereabouts of Dhungel within next 24 hours, besides forming a special mechanism to supervise the arresting process.

On April 14, the apex court had issued an order to the chief of Nepal Police to arrest murder convict Dhungel and put him behind bars within a week. A single bench of Justice Ananda Mohan Bhattarai had issued the order in response to a contempt of court case filed by the same advocate.

The SC had asked the police chief to deploy all its resources and arrest Dhungel and present him before the court through the Department of Prison Management within a week. 

Dhungel, a former Maoist lawmaker, was found guilty of killing Ujjan Kumar Shrestha of Okhaldhunga in 1998.

Earlier on December 26 last year, the Verdict Implementation Directorate of the SC had reminded the law enforcement agencies of the court order. 

Tripathi said the hearing on the writ has been scheduled for Wednesday. 

 

 

Killer who has not gone to jail

June 24, ’98: Maoist leader Balkrishna Dhungel and others murder Ujjan Kumar Shrestha of Okhaldhunga

May 10, ’04: Okhaldhunga District Court convicts Dhungel and eight others of Shrestha’s murder

2006: Rajbiraj Appellate Court gives Dhungel clean chit, and he walks out after serving a brief jail term

Jan 3, ’10: The Supreme Court upholds verdict of Okhaldhunga District Court and orders to send Dhungel back to jail

Nov ’11: The Baburam Bhattarai-led government recommends Dhungel for presidential clemency

Jan 7, ’15: The Supreme Court rules against Bhattarai government’s 

recommendation for clemency

March 12, ’17: Dhungel reportedly warns of attacking the judge who sentenced him to life term

April 12, ’17: Contempt of court case filed against him

April 13, ’17: SC orders authorities to arrest Dhungel within a week

Published: 25-10-2017 07:25

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