By Our Reporter
The Supreme Court has ended the possibility of Resham Chaudhary, the mastermind behind the Tikapur Massacre of 2015, who was elected to the House of Representatives from Kailali-1, receiving the certificate from the Election Commission and entering the parliament without receiving a clean chit from the court.
The Supreme Court on Sunday directed Chaudhari to surrender before the Kailali District Court and face court proceedings over his alleged involvement in the Tikapur massacre of August 2015 before he could be handed his election certificate.
The court not only rejected Chaudhary’s plea to receive the election certificate through his legal agent but also directed him to participate in court proceedings to prove his innocence in order to receive his election certificate.
Chaudhary who has been accused of masterminding the Tikapur carnage in which seven police personnel including a Senior Superintendent of Police (SSP) and a toddler were killed, has been at large since then. He has been escaping court proceedings by ignoring the court summon to participate in the hearing for a bail order, as required by Section 118 of the Court Procedure Chapter of the Civil Code.
In its order, a single bench of Justice Tanka Bahadur Moktan upheld the rejection of a writ petition filed by Chaudhary’s legal agent by the Supreme Court administration on December 15. Chaudhary’s legal agent had tried to register the writ petition seeking an apex court order to the Election Commission (EC) to issue Chaudhary’s certificate through his legal agent. But the SC’s Chief Registrar Nahakul Subedi refused to register the writ petition arguing that there was no ground to register the writ petition. After EC’s refusal to issue Chaudhary’s poll certificate to his agent, Chaudhary’s agent had tried to move the apex court demanding an SC order to the EC.
According to the law of land, any convict of crime cannot become candidate to the House of Representatives. But Chaudhary, who is yet to prove his innocence, managed to file his candidacy and won the elections with a big margin. It is not understandable why the police and others did not file any complaints against Chaudhary’s nominations in the election.
The SC ruled that the court has the authority to issue an arrest warrant against an accused who has been escaping court proceedings according to Section 94 of the Court Procedure Chapter of the Civil Code and that the police can arrest such an accused any time.
Nepal Police, since the day he was elected to the House of Representatives, have been claiming that they would arrest Chaudhary wherever and whenever they find him.