SC asks Minister Sapkota to assist police in murder charge probe

KATHMANDU, June 22: The Supreme Court (SC) on Tuesday ordered Minister for Information and Communications Agni Sapkota to cooperate with the police in investigating the charges against him of murdering Arjun Lama, a local of Karve during the Maoist insurgency.

Responding to a writ petition filed by a group of civil society leaders and human rights activists nearly three weeks ago, a division bench of SC justices Ramkumar Prasad Sah and Prakash Wasti issued the order to this effect.

Purnimaya Lama, widow of Arjun, had registered a complaint against Minister Sapkota and six others at the district police office Kavrepalanchowk accusing them of abducting and subsequently slaying her husband nearly seven years ago.

Kavre district police registered a complaint following the SC order but hadn´t initiated any investigation. Though, the police office had issued a warrant notice against him, Sapkota neither appeared before the police nor cooperated with the investigation.

“It has been learnt that Minister Sapkota was all aware of the warrant notice issued by Kavre police against him,” reads the SC order, adding, “It is the duty of all civilized citizens to assist the police and authorized officials in the investigation. One can prove innocence by defending himself before the court.”

The bench, however, refused to issue an interim order as sought by plaintiffs to stop Minister Sapkota from discharging his duties in the capacity of a minister.

“Complaints alone do not prove anyone guilty,” reads the decision, “No law prohibits anyone from accepting appointment in public office despite complaints against them at the police office. It depends on the moral discretion of the accused whether or not to accept a public position.”

The apex court, in its clear and strong message, had asked Minister Sapkota to demonstrate moral and legal integrity by assisting the police in its probe.

“It is the duty of those holding public position to fully abide by the rule of law and cooperate with the police in any investigation related to crimes,” reads the decision, adding, “It should not be presumed that a person holding a public office will influence prosecution.”

The apex court has not only warned Minister Sapkota not to obstruct police investigation but also ordered the Kavre police to expedite investigation into the case fairly and effectively.

“The bench hereby orders Kavre police to furnish progress report of the investigation every 15 days to the SC through the Office of the Attorney General,” reads the decision, adding, “The police office has also been asked to include facts and details regarding any attempts made so far to either influence the case.”

Ending the row over whether the government authorities can initiate investigation into crimes committed during the insurgency, the apex court has said that the court will take up such cases on the basis of “Regular Justice System” until the disputes are settled through Truth and Reconciliation Commission (TRC).

Petitioners welcome court order

Meanwhile, plaintiffs have welcomed the SC order. “We welcome the judgment because it sets the ground for resignation by minister Sapkota on moral grounds,” said Kanak Mani Dixit, one of the writ petitioners, adding, “We are happy because the apex court has set a good precedent to investigate into crimes committed during the insurgency.