Wednesday 19th September 2018

Certiorari writ at Supreme Court Against discriminatory Pardon Provision  

Court Reporter: 

Demanding an amendment in the provision related to pardoning provision by the president with the recommendation of Chief District officer (CDO), Jailer and Prison Management Department (PMD) a writ petition of certiorari has been filed at the Apex court Monday.

©स्वागत नेपाल
Advocates trio Bhadra Prasad Nepal also known as Swagat Nepal, Hari Sharan Jamrkattel, Kaushal Kumar Bhattarai and a prisoner at Nakhkhu jail Lalitpur  Bishnu Bahadur Chhetri, for deception charges, are the applicants of the writ at the Supreme Court (SC).
Hari jamakatel
It is claimed in the writ petition that the Prison Management Directive has violated the constitutionalism and allowed the prison administration, jailor and the Chief District Officer to decrease the imprisonment duration.
The rapists are not allowed to for pardon while murderers are eligible for that that’s why the crime of murder after rape has been increased, writ petitioners have said.

Similarly, the Jail regulation has not disallowed for the persons who are in jail in for fraud cases to have pardon by the president but the directive issued by the JMD has prohibited it with its own decision.

The writ has also demanded to stop these contradictions between the legal provisions and the Jail Management Directive.
The hearing on the case has been scheduled for Friday.

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