Kathmandu. KATHMANDU: The Supreme Court (SC) has issued a mandamus order to investigate the cases related to transitional justice and conclude it at the earliest.
Acting Chief Justice Sapana Pradhan Malla, Justices Dr. Dr. Manoj Kumar Sharma, MD A constitutional bench comprising Nahakul Subedi, Abdul Aziz Musalman and Tek Prasad Dhungana on Tuesday issued a mandamus order in the name of the government to conclude the investigation into the complaints lodged with the Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP).
“The Supreme Court has issued a mandamus order to carry out investigations into the complaints lodged at the two commissions in an effective manner to remove obstruction of access to justice,” said Supreme Court Spokesperson Arjun Prasad Koirala. ’
The constitutional bench has ruled that the Act Related to Investigation on Enforced Disappeared Persons and the Truth and Reconciliation Commission (third amendment), 2081 BS was constitutional as it was amended as per international standards, Supreme Court’s verdict and laws.
The senior-most member of the displaced Constituent Assembly, Kul Bahadur Gurung and advocate Dr. Gyan Bahadur Basnet had filed a writ petition naming the Office of the Prime Minister and Council of Ministers as the defendant, arguing that the third amendment to the Act was unconstitutional and demanded that the complaints of both the commissions be investigated and brought to a conclusion.
In the third amendment of the Act, the word ‘serious violation of human rights’ has been replaced with ‘violation of human rights’ or ‘serious violation of human rights’ in various places. The writ petition had demanded that only the word ‘serious violation of human rights’ should be included.
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