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The Supreme Court has upheld the decision of the Public Prosecutor's Office to acquit the then Law Minister of Koshi Province, Leela Ballabh Adhikari, who took the three youths to Japan with him by making identity cards in collusion with the human trafficking gang. Now, there will be no case against him.
Senior advocate Dinesh Tripathi filed a writ in the Supreme Court last week saying that the fact that the network of human traffickers in Japan and Nepal had taken three youths to Japan through a ministerial officer and that his involvement in this incident should be tried in court was rejected by the public prosecutor. Initially, it was darpeeth (refused to register) by the registrar of the Supreme Court. Tripathi filed another petition last Thursday directly in the bench asking that the registrar's bench should be dismissed as it was against the Supreme Court's own precedents and a case could be filed against the officer.
On Sunday morning, all the cases that were raised in the single bench were placed in the bench of Kumar Chudal . After listening to an hour long debate of the petitioner Tripathi about how the officer is guilty in the afternoon, at 3 pm, Chudal ruled that the bench order will be upheld .
'This order is wrong,' says Tripathi, 'just as the public prosecutor can prosecute whoever he wants, even if he commits a crime.' A precedent has already been set that they cannot, and since no one can be deprived of the right to justice, the supreme administration does not have the right to file a writ petition, so the minister who is found with evidence of involvement in human trafficking should be exempted. Tripathi demanded that the bench order should be quashed and a writ should be registered as it was not possible to work.
In the case of Suntali Dhami to Aftab Alam, the public prosecutor cannot make a decision on whether or not to prosecute someone on the basis of anecdotal evidence.
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 all 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.
A complaint has also been lodged with the National Human Rights Commission saying that the decision to detain the victim who leaves the money on charges of human trafficking and not prosecute the minister who took him to Japan with fake documents has caused the victim more pain and violated his human rights. And, the Commission has already started investigating it from Wednesday.
