Hearing on the writ petition filed to stop the process of making murder accused Agni Sapkota the speaker has started a day after Sapkota was elected unopposed.
Hearing on the petition could not be held as scheduled on Sunday as Justice Hari Phuyal recused himself from the hearing citing conflict of interest pointing he had argued in the petition filed by Sushil Pyakurel and others against Sapkota in the past after being assigned the case.
Sapkota was elected Sunday and was already sworn in when Justice Sapana Pradhan Malla was hearing the case on Monday.
Lawyers of petitioner Dinesh Tripathi did not finish their pleadings on Monday and the hearing will continue on Tuesday, according to Tripathi. Tripathi, and advocates including Om Prakash Aryal, Ananta Luitel and others pleaded on behalf of the petitioner on Monday.
Senior advocate Tripathi had filed the writ petition on Friday to stop the process of making murder accused Sapkota the speaker.
Sapkota has been accused of abduction and murder of chairman of the management committee of Sri Krishna Secondary School of Tapcha, Kavre Arjun Bahadur Lama during the Maoist insurgency.
Lama was murdered after abduction on April 29, 2005. His body was recovered two months later from Budhakhani in Kavre where he was buried. The constitutional bench of the SC is overseeing the case.
Lama's wife Purni Maya Lama had filed a case with the District Administration Office identifying Sapkota and Surya Man Dong, who later became state minister, of being involved in her husband's murder.
The police had sent the complaint to the Truth and Reconciliation Commission (TRC). Purni Maya had then moved the SC against the police's decision.
The constitutional bench of SC on July 10, 2019 had sought copy of the complaint filed with the TRC regarding the case.
The SC is also overseeing the case of contempt of court registered on June 20, 2011, and the writ petition filed by human rights activist Sushil Pyakurel on April 8, 2016 pointing that the court's mandamus has not been implemented along with the murder case filed by Purni Maya against Sapkota.
The SC on July 10, 2019 had started to hear these petitions together with the murder case.
Human rights institutions had also moved the SC demanding revocation of Sapkota's appointment as minister in the Baburam Bhattarai Cabinet.
The SC hearing the petition had pointed that an interim order need not be issued to stop appointment in public position merely due to filing of a complaint, and issued a mandamus ordering initiation of investigation and asking the court be informed about that.
