The Constitutional Bench of the Supreme Court has issued an order to investigate CPN (Maoist Center) Vice-chairman and former speaker of the House of Representatives Agni Sapkota in connection with the alleged abduction and murder of Arjun Lama from Kavre.
According to the Supreme Court's website, the Constitutional Bench comprising Chief Justice Prakash Man Singh Raut and Justices Sapana Pradhan Malla, Kumar Regmi, Manoj Kumar Sharma, and Kumar Chudal issued a writ of certiorari on Wednesday ordering the authorities concerned to initiate an investigation against Sapkota.
Kanak Mani Dixit, Lama's wife Purnimaya, and Sushil Pyakurel had filed separate writ petitions in the apex court, demanding investigation and prosecution against Sapkota for his alleged involvement in Lama’s abduction and murder.
A writ petition seeking an order to begin an investigation on a murder complaint filed against Sapkota was under consideration in the Constitutional Bench.
Sapkota is accused of involvement in the murder of Arjun Lama of Chhatrebanjh, Kavre, who was abducted by the then-Maoists in 2005. Lama's body was found buried in Kavre's Budhakani two months after his abduction.
Lama’s wife Purnimaya had filed a complaint at the District Police Office, Kavre, accusing Sapkota and former minister of state Suryaman Dong of involvement in her husband’s murder.
Police initially refused to register the complaint, saying it should be forwarded to the Truth and Reconciliation Commission. Purnimaya then approached the Supreme Court. Hearing her writ petition, the Supreme Court ordered the police to register the complaint.
Following the court’s order, police registered Purnimaya’s complaint and also wrote to Sindhupalchowk police to arrest Sapkota. In the meantime, Prime Minister Jhala Nath Khanal appointed Sapkota as a minister. Human rights activists filed a writ petition in the Supreme Court against his appointment. While the court did not bar his appointment, it ordered the police to submit an investigation report within 15 days.
The Cabinet under Prime Minister Baburam Bhattarai decided to shelve the complaint against Sapkota as well as the Supreme Court's order. Purnimaya then filed another writ petition demanding annulment of the Cabinet’s decision. Responding to the petition, the Supreme Court issued an interim order staying the Cabinet's decision.
Activist Sushil Pyakurel filed a contempt of court case against the police for not implementing the court's order to investigate Sapkota's case and submit a report.
The Constitutional Bench was conducting a joint hearing on Purnimaya’s petition, Pyakurel's contempt case, and other related cases related to Sapkota.