KATHMANDU, April 29: A case filed against former speaker of the House of Representatives, Agni Sapkota, regarding an incident during the armed conflict has finally been scheduled for hearing after a prolonged delay. Several such cases related to armed conflict are currently pending before the Supreme Court (SC). The 11-year-old case related to Sapkota has been scheduled for a hearing on SC’s cause list on Wednesday.
The case is being heard by the constitutional bench comprising Chief Justice Bishwombhar Prasad Shrestha and Justices Prakashman Singh Raut, Sapana Pradhan Malla, Prakash Kumar Dhungana, and Kumar Regmi.
The SC has said that this case is slated to be heard on June 5. The case against Sapkota was continuously deferred from October 16, 2019 to February 7, 2024. On April 4, 2016, the case was referred to the constitutional bench.
The SC had previously ordered an impartial and immediate investigation into the incident. However, no investigation has been conducted regarding this transitional justice matter.
A complaint was registered at the District Police Office, Kavre against former speaker Sapkota for kidnapping and murdering 48-year-old Arjun Lama of Kavre. The writ petition related to the war-time case against Sapkota has been pending in the SC since 2012.
On April 4, 2016, a joint bench of the then justices Sushila Karki and Om Prakash Mishra decided to transfer the writ petition related to the armed conflict to the constitutional bench.
Case Background
Arjun Lama of Kavre was abducted and killed by a group of then rebel CPN (Maoists) on April 29, 2005. Lama was the Chairman of the Management Committee of Sri Krishna Secondary School in Chhatrebanj.
Lama was abducted from the school on the day he was elected as chairman. According to Lama’s wife Purnimaya, he was abducted by the then Maoist group from the school premises with the assurance of 'returning him after a brief conversation'. However, he never returned.
After her husband disappeared, Purnimaya went to Kavre district police office to file a complaint. She sought to file a complaint against six individuals, including then-Maoist leader Agni Sapkota and Suryaman Dong.
Initially, the police refused to register Purnimaya's complaint. When her complaint was rejected, she filed a writ petition against it at the SC. On March 10, 2008, the SC ordered the registration of Purnimaya's complaint and instructed further action in accordance with the law.
Purnimaya then filed a complaint against leader Sapkota and others at the District Police Office in Kavre. The police said that the complaint is under investigation.
Purnimaya's complaint was registered and an arrest warrant was issued by the Kavre police alleging that the accused Sapkota had violated human rights. However, in the year 2012, the government led by Baburam Bhattarai decided to put a hold on the complaint registered against Sapkota at the Kavre police. Arjun's wife filed a writ petition in the Supreme Court on November 22, 2012, against the decision of the Council of Ministers to put a hold into the case.
Four days after filing the case in the SC against the decision of the Council of Ministers to hold the case, a single bench of Justice Baidhyanath Upadhyay issued an interim order to show reasons why the case has been put on hold.
Similarly, the SC had ordered not to implement the decision to put the case on hold.
"They took my husband, saying they had worked with him. They never returned him back," Purnimaya told Republica. Two years later, a villager informed Purnimaya that he had witnessed Arjuna's killing. Following her husband's abduction, Purnimaya also filed a complaint with the Truth and Reconciliation Commission, demanding action against those involved in the murder.
In the investigation conducted by the National Human Rights Commission, it was revealed that after the abduction of Lama, he was tortured to death by the Maoist activists. The bill to amend the Investigation of Disappeared Persons and the Truth and Reconciliation Commission Act, 2071 BS has been stalled in the Parliament for almost two years.
The amendment bill includes provisions for cases during armed conflict to be heard by the Special Court. However, such cases are currently pending in court.