There has been a significant rise of human rights breaches and lack of governance and accountability during the COVID19. This implies not just to the lack of accountability and transparency that the Nepal Government is showing during the lock-down period but it also highlights the lack of morality and ethical practice that the law practitioner are able to embark over the human right violation and exploitation issues and cases.
CASE 1
Ranjan Koirala, a former deputy inspector general of the Armed Police Police Force, who was convicted for the cold and brutal murder of his wife eight-and-a-half years ago was released 23 July following supreme court’s order. The decision was made by the bench of Chief Justice Cholendra Sumsher Rana and Justice Tej Bahadur KC.
According to the Muluki Ain (country code), life imprisonment sentence is equivalent to a 20-year sentence although the new criminal code that came into effect in 2018 replacing the Muluki Ain has raised that to 25 years against shorten Koirala’s plea with the responsibility to raise his children, who have been without their parents for a long time.
In January 2012, the Kathmandu District Court had summoned Koirala as guilty of pre-mediated murder of his wife Gita Dhakal and handed a sentence of life imprisonment with confiscation of his property where he has cut his wifes body into pieces and burnt it.
CASE 2
The nation is stunned with the release of Prithivi Malla, a rich brat who was arrested for killing a woman with the car on a drunk drive case on 22 July.
A joint bench of Justices Sapana Pradhan Malla and Manoj Kumar Sharma reversed the decision of Kathmandu District Court and Patan High Court and ordered that Malla be released on bail, citing health reasons.
Despite his court order Malla was staying in the hospital for some 45 days soon after the Kathmandu District Court had remanded him in custody for his alleged involvement in the December 14 car accident that killed a woman. Malla was first taken to the custody. However, upon reaching there, he faked to be unconscious, after which he was rushed to Bir Hospital. Then, the hospital referred the case to Chirayu.
CASE 3
June 15 in Dhangadi quarantine facility in Lamki Chuha Municipality-1, Kailali, a women was gang-raped on Saturday night. She was raped by three volunteers at the quarantine facility of Shahid Smriti Secondary School.
Police said all the accused were arrested earlier on Sunday. Those arrested have been identified as Kishor Pariyar, 20, Laxman BK, 20 and Sarjan BK, 18.
CASE 4
During the lock-down on April 23 two lawmakers of the ruling Nepal Communist Party Mahesh Basnet, and Krishna Kumar Shrestha in association of the former chief of Nepal Police Sarbendra Khanal abduct People’s Socialist Party lawmaker Surendra Yadav. It was four days after Yadav filed a complaint against them at the Human Rights commission when the issue came out. The case was settled with a huge spill over when everyone backed off due to the political mess. The Government kept a silence in view of the two lawmakers were from the leading government party.
The cases presented shows a huge lapse of human rights values against the violation and exploitation. The legal system should considered this as a wake for the lack of consideration of being bias to the rich and powerful against the human rights breach and violation. In one or the other form the rich and famous with the source, power and money fame down law in a more unethical way where the law treats the poor as different of not being equal.
