The hearing on the petition filed by senior advocate Dinesh Tripathi in the Supreme Court demanding that the bench order should be quashed and a writ should be registered as it is not possible to grant immunity to the minister involved in human trafficking will be heard on Sunday.
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A petition filed by the Supreme Administration against the bench was filed on Thursday against the decision of the public prosecutor's office to overturn the decision of the public prosecutor's office to grant immunity to the then law minister of Koshi province Leela Ballabh Adhikari, who had taken three youths to Japan with him by creating identity cards in collusion with a gang of human smugglers.
Senior advocate Dinesh Tripathi filed a writ petition in the Supreme Court on November 15, demanding that the decision to grant immunity to the official of the Public Prosecutor's Office be overturned and the case be tried. However, the Supreme Administration dismissed the writ petition.
Senior advocate Tripathi's petition against Supreme Court Registrar Bhadrakali Pokharel's decision to file a writ petition has been registered in the bench and has been adjourned for hearing on Sunday.
The precedent that the public prosecutor cannot make a decision on whether or not to prosecute someone on the basis of evidence has already been set and since no one is allowed to be deprived of the right to justice, the Supreme Administration does not have the right to file a writ petition, so the minister found with evidence of involvement in human trafficking is exempted. Tripathi demanded that the bench order should be canceled and a writ should be registered as it is not possible to work.
'The right to justice is a basic right of every citizen, it cannot be denied under any circumstances', he wrote in the petition against the court's order, 'this issue is related to the rule of law in a broad sense, its registration cannot be denied.'
Suntali In cases from Dhami to Aftab Alam, the public prosecutor cannot make a decision on whether or not to prosecute someone on the basis of tajbeez. The Kathmandu District Attorney's Office had given immunity to the officer on November 10.
Whereas, in the report with the opinion of the police, it is mentioned that since the minister is found guilty, he should also be prosecuted. Kanchan Devkota of Rasuwa and Dawa Sherpa and Janak Rai of Khotang, who had paid a total of 31 lakh 55 thousand, were flown to Japan by the minister on October 13. Japanese immigration turned the four away at the airport after the documents were found to be suspicious.
On the way back, three young men were detained by the police from the Kathmandu airport, but the officer managed to escape, saying that he was a minister. While the three youths are currently in custody, the minister has been released from police custody as the case will not proceed based on the decision of the District Government Office Kathmandu.
The decision to arrest the victim on the charges of human trafficking and not to prosecute the minister who took him to Japan with fake documents has caused further suffering to the victim and a complaint has been filed in the National Human Rights Commission. And, the Commission has already started investigating it from Wednesday.
