Kathmandu – The Special Court has denied for legal representative on behalf to former Prime Minister Madhav Kumar Nepal in the corruption case against him.

Former Prime Minister Nepal had filed an application seeking legal representative on his behalf to appear in court, saying he had to travel to various parts of the country for political events, but the Special Court has denied his request, saying the case is subjected to prison sentence of more than three years.

The bench of Special Court members Tej Narayan Singh Rai and Murari Babu Shrestha denied his request. Last month, the Special Court had ordered former Prime Minister Madhav Kumar Nepal to be released on bail of Rs 3.5 million.

Even if released on bail, he must appear in the Special Court on the date of the case. However, Nepal had sought for legal representative on his behalf to be appeared in court, saying he had to travel to various parts of the country for political activities. If we look at the provisions of Section 89 of the Code of Criminal Procedure Act, 2074, there is no such facility of legal representative for accused in corruption cases.

But Section 95 of the same Act provides for the possibility of seeking the benefit of a legal representative if ‘unforeseen circumstances prevent someone from appearing on the specified date’.

The special court said in its order, ‘It appears that this defendant (Madhav Kumar Nepal) has been charged with an offence punishable by imprisonment for more than three years. Therefore, permission to have a legal representative cannot be granted. Do as per the law.’

On 22 Jestha, 2082, the CIAA had filed a case against former Prime Minister Nepal in the special court, alleging corruption in the decision regarding the permission for the exchange of Patanjali’s land.

In the case filed with a claim of Rs 185.8 million, the special court had applied the legal section that required him to be imprisoned for 8 to 10 years.