Next hearing set for Oct 31 as writ in Regal case remains unseen

KATHMANDU: The Supreme Court bench hearing the case against the detention of Banke’s Yograj Dhakal (Regal) has stated that it will not be allowed to watch after hearing the arguments of the two lawyers and the Attorney General.

The case could not be heard, according to the entire bench of Chief Justice Bishwambhar Prasad Shrestha, Justices Anand Mohan Bhattarai, and Kumar Regmi, which began the final hearing on the writ on Thursday.

Associate Attorney Suryaraj Dahal informed that it is not possible to see it as they have already decided on a case of a similar nature.

If the judges have already expressed their opinion on any case, they keep those cases out of consideration, saying that they may be affected if such a case comes up again.

Balkrishna Neupane and Shankar Katuwal argued on behalf of Bharti Manandhar, Chetan Manandhar’s wife. Attorney General Dinmani Pokharel represented the government.

The hearing was postponed for lunch after the three argued. Following that, the judges informed the government lawyers present at the hearing that they would be unable to investigate the case.

Judge Manoj Kumar Sharma set the hearing for Thursday, Ashoj 18 (Oct 5), in the petition submitted by Bharti Manandhar, who is opposed by the President’s office.

Judge Sharma directed that this case be heard as soon as possible. Priority is to be heard first on the appearance list for that day.

The bench in this case had ordered the Attorney General to come and argue the case.

Judge Sharma’s panel further ordered that a copy of President Ram Chandra Poudel’s judgment on the waiver of amnesty made on Constitution Day be presented by Ashoj 24 (Oct 11). The Supreme Court ordered the withdrawal of the Nepal government’s case against Regal, as well as all other cases.

Regal was released from Tulsipur Jail on Constitution Day. He was released from prison after President Poudel waived his imprisonment on the recommendation of the government.

The government had suggested to the President that the prison term be commuted, citing a legal clause that allows for the discharge of the remainder of the sentence if the incident occurred before 2075 Bhadra, and 50% if it occurred after that date.

Bharti, the wife of the deceased Chetan, filed a writ in the Supreme Court after learning that he was pardoned.

Regal killed Chetan in Nepalganj on 28th Ashar 2072 (13 July, 2015). The bench of the then Judge Bishnu Subedi of the District Court Banke on the charge of murder found Regal guilty of murder and sentenced him to life imprisonment in 2076. 12 other people were also sentenced to three to 10 years imprisonment for their involvement in it.