The Supreme Court (SC) has asked the government about the state of investigation on the murder of Arjun Lama of Chhatrebanjh, Sindhupalchowk.
Hearing the writ petition filed on Friday by senior advocate Dinesh Tripathi to stop the process of making murder accused Agni Sapkota the speaker, Justice Sapana Pradhan Malla on Tuesday has asked the government so. Justice Malla, however, has ruled that an interim order cannot be issued to stop Sapkota from becoming speaker merely due to murder accusation.
The bench of Malla has also asked the government about the court's previous order to initiate investigation on murder of Lama, and submit its report every 15 days.
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 Malla was hearing the case on Monday.
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.