Incident Reports

SC refuses to register judicial review on TRC

2015-05-16

Bagmati, Kathmandu, Kathmandu, Ward 10

Kathmandu/May 16, Dwondakal ka gambhir manab adhikar hanan ka ghatana ma chhyama daan nadine sarwochcha ko nirnaya. The Supreme Court today refused to register a judicial review petition moved by Chief Secretary Leela Mani Paudyal against February 26 verdict of Supreme Court’s Special Bench in a writ filed against some provisions of Truth and Reconciliation Act. The SC stated reasons for refusing to register the petition of judicial review wherein it said a case of judicial review cannot be filed against the verdict delivered by the full bench or a special bench of the SC. Paudyal had sought to file the case through the Office of the Attorney General. The Special Bench of the SC had upheld that there cannot be amnesty in serious cases of human rights violations and consent of the victims would be necessary for reconciliation. Acting Registrar of SC Shrikant Paudel said that the SC refused to register the case of judicial review citing past precedents set by the apex court. “We have precedents whereby we refuse to register judicial review against verdicts that are delivered by full bench or special bench of the SC,” Paudel added. He said the government could now file a case at the SC seeking nullification of SC’s reasons for refusing to register the case of judicial review. Attorney General Baburam Kunwar said his office had not obtained the reasons for refusal and once it did, it would file a case against SC’s refusal to register the case of judicial review. “If the SC cites any precedent to refuse to register this case, we will try to see if that applies to this case and if we find that the precedent does not apply then, we will argue the same,” he added. Unified CPN-Maoist and its splinter groups had been pressing the government to file a judicial review against the Special Bench’s verdict. They said the court’s verdict was against the spirit of comprehensive peace accord. In its February 26, verdict, the apex court also upheld that the Truth and Reconciliation Commission and Commission of Inquiry on Enforced Disappeared Persons can neither grant amnesty in cases of serious human rights violation nor seek transfer of sub judice cases. A special bench of Justices Kalyan Shrestha, Baidhya Nath Upadhyay and Cholendra Shumsher JB Rana had issued the verdict in response to a writ filed by Suman Adhikari, a conflict victim. द्वन्द्वकालीन फौ

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