'Because the charges are punishable by imprisonment for more than 3 years, permission cannot be granted to keep wares'
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The special court has ordered that former Prime Minister and Chairman of CPN-S Madhav Kumar Nepal cannot be allowed to have heirs. In the Patanjali land embezzlement case, the former Prime Minister of Nepal requested the inheritance facility, but the court said that the facility could not be granted.
On Monday, the bench of the members of the special court, Tejnarayan Singh Rai and Muraribabu Shrestha, issued an order not to grant permission to keep heirs because Nepal has been charged with a crime punishable by imprisonment for more than three years. Behora filed a petition in the court to 'get permission to keep heirs' showing the reason why Nepal has to reach different places in the country in the political program.
On behalf of Nepal, senior advocates Govind Sharma (prisoner) and Major Thapa and advocates Hark Bahadur Rawal, Pariwar Rai, Tekendra Prasad Subedi, Ghan Prasad Gautam, Amber Bahadur Raut, Kapil Dev Dhakal, Shravan Kumar Chaudhary, Ram Kumar Mahatto, Jamuna Bhusal, Nilakant Sharma, Gopilal Nepal and Sarita Rai argued.
The clause (a) of sub-section (1) of section 95 of the Civil Code of Criminal Procedure, 2074 provides that in a criminal case in which the Government of Nepal is a plaintiff under Schedule-1 and Schedule-2 of that code, the accused accused of an offense punishable by imprisonment of three years or less than three years shall not remain in prison and the court may allow the appointment of an heir if circumstances beyond his control make him unable to appear on the specified date.
But in the present case where the Government of Nepal is the plaintiff under Schedule-2 of that code, it has been alleged that the defendant Nepal has been charged with 185 million 58 million 50 thousand bego for the offense under section 17 of the Prevention of Corruption Act, 2059 as directed by that section and sentenced to imprisonment as per clause (j) of sub-section (1) of section 3 of the said Act.
In clause (j) of sub-section (1) of the said section 3, there is provision for imprisonment from eight years to ten years. 'According to that provision, it was seen that this defendant has been charged with a crime punishable by imprisonment for more than three years. Therefore, according to the provisions of clause (a) of sub-section (1) of section 95 of the Code of Civil Criminal Procedure, 2074, permission to keep the heirs could not be granted to this defendant,' the court order said.
In the Patanjali land embezzlement case, the Commission for Investigation of Abuse of Authority made 93 defendants, including the former Prime Minister and Chairman of CPN-S Nepal, and filed a case in the special court on May 22 with a fine of Rs. On June 12th, the former Prime Minister of Nepal was ordered to be released on a bond of 3.5 million by a special court in the corruption case.
