Tuesday, November 21, 2017

Nepal Army raises double jeopardy issue

The Nepal Army has appealed the murder conviction of three Army officers who were convicted in civilian court following earlier military legal proceedings that handed down six-month sentences. Excerpt from this My República report:
On April 17, 2017, Kavre District Court had convicted Colonel Boby Khatri and Captains Sunil Prasad Adhikari and Amit Pun in the murder of the teenage girl during the Maoist insurgency and slapped life terms on them. The court acquitted Major Niranjan Basnet, who was also accused, stating that the evidence against him was insufficient. 
Khatri, Adhikari and Pun are no longer in the army.

The writ petition has moved the apex court to annual the Kavre district court verdict, arguing that it goes against a precedent set by the Supreme Court and flouts the universal principle against double jeopardy. The writ petition has also claimed that Kavre district court lacked the jurisdiction to hand down such a verdict.

The writ petition has stated that the three army officers had already undergone the punishment handed down by a military court of inquiry and the district court in pronouncing its own verdict had breached its jurisdiction.

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