Kathmandu – The government has withdrawn the controversial provision in the ‘Bill to amend certain Nepal Acts’ that envisaged the withdrawal of criminal cases committed under political guise.

The Pushpa Kamal Dahal-led government had registered a bill with the Parliament Secretariat last year to amend Section 116 of the Criminal Procedure Code-2017 to remove obstacles to the withdrawal of cases of ‘political nature’ during the conflict period.

Section 64 of the amendment bill states that even if there is a provision in any court against any party or group that has carried out violent agitation in the past but is now conducting its activities peacefully, it can be withdrawn on the basis of the constitution and law. In the bill, the government had added a sub-section under Section 116 of the code, providing for the withdrawal of cases against political leaders from the Supreme Court, high courts and all levels of district courts.

While participating in the discussion on the bill in the Law, Justice and Human Rights Committee of the House of Representatives on Sunday, most lawmakers welcomed the government’s move, but lawmakers from the CPN (Maoist Center) have expressed objections. They claimed that this provision was introduced to implement agreements made in the past with political forces led by CK Raut and Netra Bikram Chand.

Maoist lawmakers have threatened to register a note of disagreement if the provision is withdrawn. “The government had agreed with various political forces in the past to withdraw the charges against them. It is the government’s responsibility to comply with the agreement,” said Maoist Center lawmaker Ram Kumar Rai.

“In fact, the then Prime Minister KP Sharma Oli, who is currently leading the government, had made the agreement. Instead of implementing it, the government is withdrawing this provision.” The Dahal government’s preparations to amend the Criminal Procedure Code had been mired in controversy over suspicions that it was intended to withdraw cases of atrocities during the conflict.

The National Human Rights Commission also expressed its deep concern over the amendment bill, holding a press conference. The amendment has been argued to have a high probability of politically politicizing the allegations of human rights violations during the conflict. Although the commission has sought clarification from the government on this issue, the Dahal administration has not responded.

63,718 complaints have been filed with the Truth and Reconciliation Commission. 3,223 cases have also been filed with the Investigation of Disappeared Persons, the Truth and Reconciliation Commission. However, the Commission on Disappeared Persons is investigating only 2,484 cases, saying that they do not fall under its jurisdiction.

Cases are also pending in various courts against Maoist leaders and security personnel for crimes committed during the decade-long conflict. If the bill is passed by parliament, it will give the government a legitimate way to arbitrarily withdraw the cases.

After a gap of months, the parliamentary committee has resumed discussions on the bill, which has been under consideration for a year and a half. As the government prepares to convene the winter session of the federal parliament , the Speaker wants the parliamentary committee to take the bills to the plenary session along with the government. Currently, 16 bills are under consideration in various parliamentary committees.