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| Kathmandu, Saturday January 18, 2003 Magh 04, 2059. |
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Brazen defiance
The National Human Rights Commission (NHRC) has
come out severe indictment of the government for its willful defiance of the Supreme Court
(SC) order. At least four detainees are still languishing in jail despite repeated order
of the highest court to release them forthwith. Irked by the defiance, the NHRC chief has
asked the Prime Minister to personally look into the matter and release the detainees
forthwith. The delay on the part of the government in releasing detainees makes a mockery
of the whole democratic system as well as the rule of law. And this would invite a serious
consequence from the international community.
The suspected Maoists, who are still under
detention, have to be tried like any other citizens of this country, and they cannot be
held under illegal detention against the legal and judicial sanction. SC found no evidence
against them when it ordered their release more than a week ago. Not only that the SC
ordered their release, it also took serious cognizance of the fear reprisal on behalf of
the detainees that they could be killed on one or another pretext. The responsibility for
their safety lies squarely with the government, following SC’s clear instruction.
No doubt, the Maoists have killed many innocent
security personnel and civilians in the most gruesome manner, besides resorting to what
appears like a large scale recruitment of child soldiers. But the government cannot act in
the same arbitrary fashion as the rebels. The government, as an upholder of the rule of
law, has to adhere to the provisions of the constitution strictly while dealing with
sensitive subjects like the life and liberty of the people. The brazen defiance of the SC
order on the question of releasing half a dozen detainees indicates it is not honoring the
provision of the constitution.
The defiance of the apex court may also send a
message across that the executive is above the law of the land and the judicial as well as
human rights are something that the government does not take seriously at all. The Bar
Association has already warned the government that the continued defiance would have far-
reaching consequences and that it would not ever hesitate to approach the UN and other
international human rights bodies. It will be unwise on the part of government to wait for
the response of the international agencies with full fury. The government in the present
circumstances has no alternative but to release the detainees. But it also has a duty to
order a full-fledged investigation into the arbitrary defiance, fix the responsibility for
it and punish the guilty. With NHRC’s investigation, the ball is now in the Prime
Minister’s court. Both as head of the government and individual, he has a duty as
well as obligation to honour the SC order. |
