The CPN-UML has said that it will move the court against the recent report on the Gen Z movement released by the National Human Rights Commission (NHRC).
The party said that legal intervention is necessary to address various constitutional and legal questions, particularly regarding the commission’s suggestion that punitive actions be initiated for the events of September 8 and 9 through the application of retroactive legal provisions.
"The most serious and concerning aspect of the report is the recommendation to initiate action by creating retroactive legal provisions," reads a statement signed by UML General Secretary Shankar Pokharel. "Generally, the Constitution of Nepal does not accept the concept of punishing individuals by creating retroactive criminal laws. As the Constitution is the fundamental source of law, any recommendation by an agency to enact new laws to impose punitive actions for past events is inconsistent with the fundamental principles of a constitutional governing system."
The UML said that it will request certified copies of the investigation committee’s original report, the recommendations approved by the commission, and the summary published on its website.
The party also announced plans to form a study group consisting of legal practitioners and subject-matter experts to conduct an in-depth assessment of the constitutional, legal, and factual aspects of the commission’s report and its recommendations.
The UML said that it will evaluate the prejudices, recommendations made beyond the commission’s jurisdiction, and legal contradictions found within the report. Furthermore, the party said that it will conduct a detailed analysis of the procedural, legal, and constitutional flaws of the report to ensure the protection of the rule of law, the Constitution, and democratic values.
According to the statement, the UML will work to build a common view on various political, constitutional, and democratic dimensions developing in the country through dialogue, discussion, and collaboration with various political parties and other stakeholders.
The party said that it will determine its future strategy by prioritizing the rule of law, constitutional supremacy, natural justice, and the protection of democratic values. It further said that it will file formal objections or requests for review with the commission on behalf of the aggrieved parties, if necessary, approach the court for judicial review if constitutional questions arise, and utilize all available options for legal remedy should the situation require.
The committee formed by the NHRC to investigate the events of September 8 and 9 had found then-prime minister KP Sharma Oli and then-home minister Ramesh Lekhak guilty of human rights violations, and recommended taking action against them by enacting new law.
