The Supreme Court (SC) has endorsed the decision of the SC administration's decision to not register the writ petition of Rastriya Janata Party Nepal (RJP) lawmaker from Kailali-1 Resham Chaudhary demanding he be released on date.
Fugitive Chaudhary had again moved the SC against the administration's decision to not register his petition. The government has filed a case against Chaudhary in the Kaliali District Court considering him to be one of the main accused of the Tikpaur incident in which seven police personnel including an SSP of Nepal Police and a toddler were lynched on August 24, 2015.
The single bench of Justice Tanka Moktan has ordered Chaudhary to seek legal remedy through the court if he were innocent. "The applicant must get acquittal through a legal process of the court if he were not guilty and the charges against him were false," the bench has said. "Knowingly allowing an accused a means of receiving the facilities and rights provided by the state by evading or defying the court process will promote impunity in the country," the bench has said.
Moktan has deemed that Chaudhary will not be granted the constitutional rights as he has evaded the legal process despite knowing the charges levied and the warrant issued against him. "It is clearly evident that the applicant, who has knowledge of a murder case lodged against him, has defied even the warrant issued by the court and the notice for producing himself to the court," the order states. "It is not right to say that anyone can exercise the rights granted by the Constitution and prevailing laws by evading the court process," it adds.
Chaudhary is also in the most wanted list of police. He had tried to register the writ through an agent on his behalf. He had also lodged the candidacy for federal parliament through an agent. He had won the election securing 34,341 votes.
He had again moved the SC after the administration refused to register his petition that demanded prompt hearing of the murder case and release of him on date. A bench of Chief Justice Gopal Parajuli had asked for the charge sheet and other files of Chaudhary from the Kailali District Court during the hearing of his application against the administration's decision.
The bench of Moktan has endorsed the decision of the SC administration's decision to not register Chaudhary's writ petition after looking at the files.
