This order has given a wrong impression, as the message has been sent that even if the public prosecutor has committed a crime, anyone can be arrested. - Dinesh Tripathi, Senior Advocate
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 three youths to Japan with him by creating identity cards in collaboration with the human trafficking gang. Now there will be no case against him.
Senior advocate Dinesh Tripathi filed a writ in the Supreme Court on November 15, saying that the fact that the involvement of the officer should be tried in the court was rejected by the public prosecutor. But the registrar of the Supreme Court had darpeeth (refused to register).
Tripathi filed another petition on Thursday asking that the bench's decision be quashed as it is against the Supreme Court's own precedent and a case be filed against the officer. While hearing the petition on Sunday, the single bench of Judge Kumar Chudal ruled that the bench order will be upheld.
'This order has set a wrong precedent,' says Tripathi, 'the message has been sent that even if a crime is committed, the public prosecutor can prosecute anyone.' He mentioned in the petition.
Also, he argued that the Supreme Administration does not have the right to file a writ as no one can be deprived of the right to get justice. Tripathi demanded that the bench order should be quashed and the writ should be registered as the minister found with evidence of involvement in human trafficking cannot be given immunity.
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 evidence, but the Kathmandu District Attorney's office ignored it and granted 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.
In collusion with the gang, the then Minister Adhikari flew Kanchan Devkota of Rasuwa and Dawa Sherpa and Janak Rai of Khotang to Japan with him on October 13.
The youth had paid a total of 31 lakh 55 thousand rupees to the gang. Japanese immigration turned the four away at the airport after the documents were found to be suspicious. On the way back, three youths were detained by the police from the Tribhuvan International Airport, but the officer managed to escape by saying that he was a minister.
All three youths are currently in prison. The youth had paid money to a group including Mahesh Bhandari, Bir Bahadur Sunuwar and Dawa Sherpa to go to Japan. Bhandari, Sunuwar and Sherpa, who were arrested after their statements, are also in custody.
The public prosecutor's office has also filed a case against them. A complaint has also been lodged with the National Human Rights Commission to investigate the decision not to prosecute the minister, saying that the human rights of the victims have been violated further. The Commission has started the investigation since Wednesday.
