Silence of the Judiciary on Alam's (a) judgment

If former minister Alam, who was accused of putting the injured in the brick kiln, is innocent, why was he kept in jail for 6 years?

Ashad 3, 2082

Ghanashyam Khadka

Silence of the Judiciary on Alam's (a) judgment

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On 15 June 2077, when the then Chief Justice Cholendra Shamsher Jabara decided to reduce the sentence of former DIG Ranjan Koirala, who was serving life imprisonment for the crime of wife murder, to 8 years and 6 months, the judges of the Supreme Court protested. The whole bar rose up against it. It was opposed from the streets to the House. Finally, for this and other reasons, Cholendra was removed from the Supreme Court after the judges boycotted the bench.

Thus, correcting the wrong decision, the Court itself took away the discretionary power to fix the salary to curb the arbitrariness of the Chief Justice, and a month later started the process of pulling the ball, which is still in vogue. The then Chief Justice Jabara did not acquit Koirala, but reduced the sentence. Yet, this became one of the reasons for the unprecedented exit of the Chief Justice. 

On the other hand, ex-minister Aftab Alam, who is serving life imprisonment for the crime of killing people by throwing them alive into a brick kiln, was acquitted on June 14 by judges Khushi Prasad Tharu and Arjun Maharjan of Birgunj Temporary Bench of Janakpur High Court, not reducing the sentence, but 'baijjat acquitted' like in a dramatic scene of Hindi cinema. The judge reversed the decision made by District Court Rautahat on 13 Baisak 2081 by deciding to grant exemption to four people including Alam from life imprisonment. 

The civil society is also opposing this as evidence is on one side and judges' justice is on the other. However, the judicial council has silenced that soft voice as if it did not hear. After widespread criticism of the acquittal of Alam, there was a discussion among the judges within the Supreme Court. Because, the Supreme Court itself, after finding enough evidence that Alam was involved in the incident, had issued two orders to the government to prosecute the accused including him. 

Meanwhile, advocate Yuvraj Paudel also filed a petition in the Judicial Council on June 16, demanding that Justices Tharu and Maharjan be investigated and take action against them for judicial deviation. Meanwhile, Chief Justice Prakashman Singh Raut also convened a meeting of the Council on Wednesday morning. "But nothing was said about it in the meeting, no one even raised any reference," said a council source, "it is strange that there was no discussion about it even though the council meeting was held against the background of Alam's decision."  In the

meeting, only the matter of filling the posts of four vacant judges in the Supreme Court was discussed. After a continuous discussion for a week, the appointment of three of the four vacancies was also recommended last Tuesday. After a long discussion, the council recommended the appointment of Senior Advocate Meghraj Pokharel and Chief Justice Shrikant Paudel and Shanti Singh Thapa. There was an indirect agreement to appoint two people from "career judges" and two from legal professionals and according to the share of ruling party UML and Congress from legal professionals. However, the council did not recommend senior advocate Ishwari Bhattarai, who was forwarded by UML. 

"The term of office of Ram Prasad Bhandari, the representative of Prime Minister Oli's previous term, is ending on June 10," said an officer of the council, "It is now inconvenient for Bhandari to hold a meeting in the council after another recommendation has been made in his place, and since the Chief Justice also said that the meeting will be held only after new members come for recommendations, the council will no longer hold a meeting with Bhandari." The council consists of senior judge Sapna Pradhan Malla, law minister Ajay Prasad Chaurasia, bar representative Damodar Khadka and prime minister's representative Ram Prasad Bhandari. When trying to get information about this, none of the members of the judicial council agreed to give a formal response. 

In the evening of 27 Chait 2064, a bomb exploded in the shed of Alam's uncle Sheikh Idris in Rajapur, Rautahat. Alam tried to keep the incident secret by putting Trilok Pratap Singh, also known as Pintu, and OC Akhtar Mian in a brick kiln, among those injured in the explosion while making bombs to harass the opposition in voting for the Constituent Assembly elections. 

However, on 30 Chait 2064, three days after the explosion, UML leader Shailendra Sah, who contested the election with Alam, filed a complaint with the police about the incident. Based on that, the police conducted a preliminary investigation and submitted a report with an opinion to the District Attorney's Office Gaur. However, the attorney's office decided not to pursue the case. After the incident came to light, the team of National Human Rights Commission also reached the spot and started investigation.

Silence of the Judiciary on Alam's (a) judgment

"There was a bomb explosion in the house of Alam's uncle Idris, there was a big hole and it looked like it was covered up," said Yagya Raj Adhikari, the head of the investigation team of the commission, "The roof of the house that exploded was blown off." After a thorough study of the incident, the commission recommended the government to prosecute the case, but the case could not proceed. District Public Prosecutor's Office Rautahat decided not to pursue the case on June 3, 2065, trying to put an end to such a serious incident. 27 days later, the district's decision was also approved by the attorney general's office.

Narayan Singh, father of deceased Pintu and Ruksana Khatun, mother of OC Akhtar filed a petition in the Supreme Court claiming that the constitutional right to get justice was violated by the public prosecutor and insisted that the decision of the Attorney General's office not to prosecute the accused should be annulled. Hearing on it, the joint bench of Judges Sushila Karki and Bharat Bahadur Karki ordered an investigation against Alam on 16 June 2069. Reversing the decision of the then Attorney General Yagya Murthy Banjade, who did not investigate and prosecute the case of burning a person alive in a brick kiln, the Supreme Court ordered that "initiate an investigation and take further evidence and take action according to the prevailing law". 

Meanwhile, Ruksana, who approached the Supreme Court for justice for her son OC, was shot dead by a group of people hiding in Gounda on the evening of 8th January 2067 when she was coming to Saruatha from Maiti in Durgabhagavati rural municipality. Who shot and killed an ordinary village woman? The police didn't do any search and other agencies of the state didn't show any interest either. 

After years of non-compliance with the order and the murder of Ruksana while seeking justice, Advocate Pushparaj Paudel filed another petition in the Supreme Court asking the Attorney General's Office to prosecute the case for contempt of court. Hearing about it, the bench of Justices Anil Sinha and Kumar Regmi ordered an immediate investigation into the incident on 6 June 2076. According to the order, six years after the trial, the Rautahat district court sentenced Alam along with his brother Mehtab, Sheikh Seraj and Badri Sahni to life imprisonment. 

Alam, who appealed against it, was acquitted by Birgunj Court saying that no evidence was found that he was guilty. "There is a lot of evidence that the incident took place and it was caused by Alam," says Advocate Paudel, "Despite this, it is unnatural for the superior to let him go." Paudel said that the statements of the eyewitnesses and the injured and all the evidence found at the scene confirm that there was an explosion in Rautahat and that Alam had thrown two of the injured into the brick kiln. "Clothes, shoes and sweater of the deceased were found at the scene," he says, "this is a strong proof that they were there." He was walking on the road in front of Ahmed Idris's house when the explosion happened. He has given a statement in Rautahat district court, "I was also injured by the bomb shrapnel, tied my stomach with a cloth and met Sahu Sheikh Masir 600 meters from that place, and he put me on a motorcycle and took me to Dr. Motihari, India for treatment." I came to Hos after 19 days when I was treated at the clinic of Parvez and Tawarez Alam, I was treated for about 4 months in that hospital. When defendant Mohammad Aftab Alam tried to store a bomb in the house of Sheikh Idris to win the election of the Constituent Assembly, the bomb exploded.

After the order of the Supreme Court, the police started investigation against Alam. On 28 June 2076, he had filed a complaint with the police, in which he said, "In that explosion, 2 people were killed and 15-16 people including OC Akhtar Mian and Pintu Singh were injured. The injured people, including Mohammad Aftab Alam, Mohammad Mehtab Alam, Sheikh Seraj alias Shesh Saraj, Sheikh Mobin Alam and Sheikh Bhadai, loaded the dead and injured in jute sacks on a tractor and took them to Raja Inta nearby. I came to know that the log was burned alive in the industry. As I thought of filing a complaint with the police for a long time, I could not file a complaint because I felt the danger to my life and that of my family. Let the defendants be prosecuted according to the law.'' Similarly, eyewitnesses of the incident, Sahajan Khatun, Kalam Mian and Zafarul Mian have given a statement to the police that OC Akhtar Mian and Pintu Trilok Pratap Singh Rajput, who were in the bomb blast, destroyed the logs in Raja Brick Industry. 

Silence of the Judiciary on Alam's (a) judgment

Similarly, another injured Gauri Shankar Ram Chamar has also given a statement in the court that there was an explosion at the house of Alam's uncle Idris. He used to work in that brick kiln in Alam. He stated that when he was going to Alam's house to collect wages, he saw about a dozen people sitting in his uncle's shed and at the same time he was also injured in the explosion. In his statement in the court, he said, "4/5 minutes after I went there, the bomb exploded with a loud noise." The shrapnel from that explosion burned my ears and even my chest. I ran 600/700 meters away and fell unconscious.'

After hearing the explosion, Shiv Sah Kanu, who lives nearby, rushed there to see what had happened. "When I reached the place of the incident, I saw people scattered," Kanu said before the Rautahat district court, "I saw people like Aftab Alam, Mahtaz Alam, Sheikh Bhadai and others there, and Alam and others sent me abusive messages asking me to leave." On the day of the incident, he had gone to work in the farm of OC Akhtar Mian. His mother Ruksana Khatun said, "My son has been taken away by Mohammad Mahtab and Seraj, you go and bring him." He reached there. 

"Looking inside the house, I saw OC Akhtar Mian, 2 carton bombs and 18/20 other people, then I was sitting under a nearby tree, suddenly the bomb exploded, 1/2 people died, others were injured," he said, "Among the injured, Pintu, Trilok Pratap Singh Rajput, was injured in both arms and right thigh, OC Akhtar Mian was injured in his right arm and left leg, the house was not destroyed in the explosion. The roof was broken, the injured Pintu, Trilok Pratap Singh Rajput, and OC Akhtar were also taken to the brick kiln in a tractor. Seraj has stated that he asked the OC to make a bomb in the house of Sheikh Idris on a motorcycle and in the process the bomb exploded and the OC died. Samsul Mian even went to Alam's house to ask what was the matter after hearing the news that they were burnt in the furnace. In response, Alam replied, "I will come to your house later and tell you", while Sheikh Seraj gave OC Akhtar's sweater to his father-in-law Samsul.

 Similarly, Ohid Mian Kawari had stated in his papers filed with the police on 29 Baisak 2065 that he saw OC Akhtar Mian on a motorcycle along with Alam and Sheikh Seraj on the day of the blast and took him to the west. It is on record that eyewitnesses Sahajan Khatun, Kalam Mian and Zafarul Mian also testified that OC Akhtar Mian and Pintu destroyed logs in the brick kiln. Local Rajesh Prasad Sahni is also among those who gave a direct witness statement of Pintu and OC Akhtar, who were injured after the explosion, being taken to the brick kiln. 

He said in his statement with the police, 'I used to work in Raja Brick Industry, on the night of 12/27/2064, I woke up due to the explosion, people playing, screaming and running and the sound of tractors. When I woke up, I saw Badri Sahni and after seeing him, I also wanted to go there and I went, the leader Mohammad Aftab Alam, his brother Mohammad Mahtab Alam and other people were there. People were being brought in sacks on the tractor, Badri Sahni also came along with them in the tractor, we were told to move away from there, so I went a little further, they took out the sacked people one by one and put them in the brick kiln. Badi participated in the burning cornection. '

Inspector currently see that the report of the Police Inspective Indra Presid Subedi has also been exploded. He was assigned during the Constituent Assembly during the election. He said that large black smoke smoke seems to have seen a large black smoke from the West in the west while he was paved during the patrol. & Nbsp; The place was 1/2 kilometer members from the Area Police Office, Rautapur, said that they have reached a mobile team at the District Police Office, it immediately took me to a mobile team, "said Police Stately, Laxpan Nahatpani," said Police Supreme Bakhthatur, Rautapan, and said that the bomb was immediately done to the District Police Office, said that the bomb was done to the District Police Office, said that the bomb was heard and going to While reporting, the priesthood there is another team I am returning to the District Police Office as you were ordered to be sent immediately to the District Police Office. Later I have heard that the candidate Mohan Zenaj, Genala, Genala, Shunna Bhana, Shunna Bhana Sah, Kani Shankar Yadav, Shiva Sah, Kani Shankar Yahweh, Shiva Sah, Barlal Raja, Shankar Thori Bhana Sah, Ramisangth Yadav and Ramisangth Yadav. Ravikumar, Guardian Rai, Udanananant Sah and Ram Bahadur Sah The documents of the incident in front of the police has said that the paper exploded at the hospital. & Nbsp; The Trillagamal hands in the stories of stories, Diagon, wasted, and did not have an ears, "1/16 were left, and no one had an eye, and no one had an ears," 1/16 people were left, and no one had a head, and no one else had an ears, "1/16 were left, and no one had an eye, and no one else had a left. Mohammad Auma Alam, Mohammad Majab Alam, Sheikh Phadai, Mohan Khadaj, Mohan Khadaj, Mohan Khadaj, Mohan Khadaji, Mohan Khadaj, Mohan Khadaj, Mohan Khadaj, Mohan Moik Mobhyji, Mohan Khadaji, Mohan Mohan, Mohan, Rights, Rights, Jumma, was wearing injured by 2/3. They went away from there, even though we looked at. All the defendants have been buried in the Kumani Mahnar Suna, Badisto-Brakni Kimnish Kimnish Kimanuka Brasmana Brakm. And Gaurishankar Red Red Kaman's Mudspaper Library Teaching Hospital The doctor has written in diagnostic letters that the probability caused by the potential cause of the possibleness of circumcision in the Forensic department. Pinnu and icon unknown at the age of 18 times were held even after the incident. After reversing all these witnesses proofs, Nepal is also discussed in the Nepal, as a highest world. However, the bar rushed on the road when Ranjan Koirala is in favor of failure. & Nbsp;

'is not necessary to say that the crime was from the Supreme, "said Patient Casement Kedar's issue is that the judgment is in the Supreme, and Nbsp;.'

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injured a statement of Soff Ahmed: & NBSP;

'India, Motheringhari. Only 19 days of staying on the clinic of Pavej and Tabrage Alum and Nbsp ;. '

injured Gaurismanar & nbsp;

Silence of the Judiciary on Alam's (a) judgment

Ram Chamma's statement: & nbsp;

'bladder fell, even in the chest, fell in my ears, twenty-meter away, fainted, 6-700 meters and the

eyewitness Rajesh Prasad & NBSP;

Coordinator's statement & nbsp; & nbsp; Storyo-Break 'I went to the king's industry, I went on to get out of the treasure, and the tractor has been taken away from the bush, and nbsp;.' & nbsp;

Triu Tri Teaching Hospital and Nbsp;

Ghanashyam

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