KATHMANDU — Nepal's Prime Minister Pushpa Kamal Dahal "Prachanda" has requested the Supreme Court to scrap the writ petition filed against him for allegedly taking moral responsibility for the killing of about 5,000 persons during the decade-long Maoist insurgency.
On March 10 the Supreme Court, responding to writ petitions seeking the court's order for an investigation against "Prachanda" for his controversial statement, asked the prime minister to furnish a written clarification explaining why an order should not be issued against him as demanded by the petitioners.
[bsa_pro_ad_space id=1]Prachanda on Thursday in his 13-point written response sent to the apex court stated that the petition should be scrapped since it has no constitutional ground and reason, The Kathmandu Post newspaper reported.
The PM said his statement was an exercise of fundamental rights of freedom of speech and expression guaranteed by Article 17 (2) of the Constitution of Nepal and that all citizens could exercise the right in an equal manner.
Prachanda said taking moral responsibility for all deaths that took place in the time of conflict by the rebel side was against the spirit of the comprehensive peace accord and the Constitution of Nepal, and that his statement was solely a political expression and be considered an expression beyond the judicial process.
The Prime Minister also said that he was committed to addressing the issues of war-era cases through a timely amendment to the Truth and Reconciliation Commission Act and Commission of Investigation on Enforced Disappeared Persons Act, MyRepublica newspaper reported.
The CPN (Maoist Centre) chair also added that he had never taken responsibility for 5,000 insurgency-era killings, and the petitions demanding an investigation against him be scrapped.
Prachanda said that his statement three years ago about taking moral responsibility for 5,000 deaths was a response to attempts from some quarters to create a narrative that the then rebels, CPN-Maoist, must take responsibility for all 17,000 insurgency-era deaths.
"There have been attempts to build a narrative that the rebel side must take responsibility for all the deaths that occurred during the people's war," he has said in his clarification to the court.
"I made the statement to counter that narrative," he said.
"Statements made during political discussions, arguments, and counter-arguments should be considered as matters outside judicial review," he added in his clarification in response to a show cause notice from the apex court.
Advocate Gyanendra Aran, a conflict victim, and Kalyan Budhathoki, acting chairperson of the Conflict Victims Common Platform, had filed two separate petitions demanding a criminal investigation against the Prime Minister.
An estimated 17,000 people were killed during the insurgency between 1996 and 2006.
Prachanda on January 15, 2020, had said that his party was falsely being accused of all the insurgency-era killings and that the "feudal kings killed 12,000".
"If you insist, I can take responsibility for 5,000. However, it will be unfair to not discuss the deaths of 12,000 from the state and blame me for all the killings," he said then.