The order came in response to a writ petition filed in the Supreme Court by nine people, including Lenin Bista, who participated in the Maoist 'People's War' but were expelled for being 'unfit' fighters.
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The full bench of the Supreme Court has ruled to issue a writ petition on child military abuse. On Friday, a three-judge full bench issued the writ petition in the name of the government and the defendants.
The full text of the writ petition issued by the bench of Justices Sapana Pradhan Malla, Sunil Kumar Pokharel and Shantisingh Thapa is yet to be released. The writ petition was filed in the Supreme Court by nine people, including Lenin Bista, who participated in the Maoist 'People's War' but later resigned as an 'unfit' combatant.
The dispute reached the full bench of three judges on 15 April 2005. The debate on the final verdict began on 22 Magh 2005. It was immediately decided to fix a date for the verdict on 28 Falgun. But on 2083 Jestha 5 and Jestha 7, 2083, Nisu was transferred.
On 28 Jestha 2080, nine people, including Lenin Bista, a former child soldier of the then Maoists, filed a writ petition against two former Prime Ministers Pushpa Kamal Dahal and Baburam Bhattarai. At that time, UNMIN had expelled 400 combatants, including child soldiers, from the camp, saying they were unfit.
They claim that they were used at that time and were expelled after the peace agreement, saying they were unfit. Similarly, the writ petition also claims that they were not included in the Transitional Justice Act, the Investigation of Disappeared Persons, Truth and Reconciliation Act, which was formed to investigate and redress human rights violations. Bista claims in the writ that he was recruited by the Maoists at the age of 13 and used in the war, and that this act is a 'war crime' contrary to the Constitution of Nepal and international treaties and agreements.
The writ petition was ordered to be presented to the full bench by a joint bench of Supreme Court Justices Binod Sharma and Abdul Aziz Musalman. The bench argued that it was a matter of international law and serious constitutional interpretation.
The act of forming and recruiting child soldiers during the 10-year Maoist war and expelling them from the camp after being branded as ‘unfit’ has hurt self-respect and violated international humanitarian law, Bista and his team have stated in the writ petition. The writ also demands that Dahal and Bhattarai, who were then in the leadership of recruiting child soldiers, be investigated and prosecuted for criminal offenses in accordance with international humanitarian law. They also demanded that if justice is not provided through domestic mechanisms, an ‘International Special Tribunal’ be formed in coordination with the United Nations and action be taken.
A few days ago, Bista had even reached The Hague, where the International Criminal Court is located.
The armed conflict that began on 1 Falgun 2052 ended with the Comprehensive Peace Agreement on 5 Mangsir 2063.
The disqualified fighters once staged a protest at the then Maoist party office in Parisdanda. The government had announced that it would provide Rs 200,000 as a relief to the disqualified fighters. However, the Supreme Court, stating that the distribution of the money was not permissible due to the procedure and law, stayed the decision.
