Kathmandu. The Supreme Court (SC) has issued a mandamus order to investigate the complaints related to transitional justice and conclude them at the earliest. A constitutional bench comprising Acting Chief Justice Sapana Pradhan Malla and Justices Dr Manoj Kumar Sharma, Dr Nahakul Subedi, Abdul Aziz Musalman and Tek Prasad Dhungana issued the mandamus order today.
“The Supreme Court has issued a mandamus order to initiate investigation into the complaints filed at the two commissions in an effective manner to remove obstruction of access to justice,” Supreme Court spokesperson Arjun Prasad Koirala said in a statement today
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The Constitutional Bench has ruled that the Act Related to Investigation on Enforced Disappeared Persons and the Truth and Reconciliation Commission (Third Amendment), 2081 BS was constitutional as it was amended as per the international standard and Supreme Court’s verdict and laws.
The senior-most member of the displaced Constituent Assembly (CA) Kul Bahadur Gurung and advocate Dr Gyan Bahadur Basnet had filed a writ at the apex court naming the Office of the Prime Minister and Council of Ministers as the defendants.
In the third amendment to the Act, the word “serious violation of human rights” has been replaced with “violation of human rights” or “serious violation of human rights” in various places.
The writ petition had demanded that only the word ‘serious violation of human rights’ should be included.
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