Supreme Court issue directive order to enact law related Compensation of Crime victims

Nepali Law January 19, 2022 1 Comment

The Supreme Court of Nepal has issued a directive order in the name of the government of Nepal to enact the law with compensation provisions for the crime victims. The learned justice Purushottam Bhandari and Justice Manoj Kumar Sharma have issued this order on 21 Falgun 2076.

Fact of Petition

Petitioner Ram Kumar Karki acquitted after seating a long time in imprisonment. He was convicted for 7 years 5 months in the case of human trafficking and an attempt to murder from the district court Kathmandu and appellate court Patan.

But, Supreme Court of Nepal acquitted him from the charge of human trafficking and an attempt to murder. He declared innocent after a long time, he spend 7 years 5 months of his life in the imprisonment.

He urged that he had spent him long time in the imprisonment without committing any offense or any criminal activity.

Petitioner claimed that the incident itself is not proved by the prosecution. Therefore, the all case, investigation and prosecution activities are false. There is false charge sheet, this case is created artificially and false conviction against me. Though while the no any incident occurred, all charge against him are false.

The opponent has deprived my liberty and freedom, which is guaranteed by the Constitution of Nepal. Any substantive grounds for arrest or detention must be prescribed by law. It should be defined with sufficient precision to avoid overly broad or arbitrary interpretation.

Deprivation of liberty without such legal authorization is unlawful and continued detention in the name of judicial trail also unlawful.

He was 35 years when he detained for false execution, now he 44 years old. He had not deprived his liberty and freedom of movement, but also he lost his dignified life, right employment, rights property for long period. He also spent money for legal service, during trail of the case.

His family also victim of this illegal detention and prosecution. Therefore, during irreparable lost, the petitioner demanded an amount of five hundred though rupees for compensation.

Government of Nepal responded that there is no any illegal detention or prosecution were done, because the district court and appellate had convicted him. Though, the petition should be quashed.

Court Decision

The Supreme Court observed that according article 22 of Constitution of Nepal, no person who is arrested or detained shall be subjected to physical or mental torture or to cruel, inhuman or degrading treatment. This act shall be punishable by law. The victim of such treatment have the right to obtain compensation in accordance with law.

Similarly, article 23 of the constitution stated that no person should be held under preventive detention unless there is a sufficient ground. In case the authority having power to hold a person under preventive detention holds any person under preventive detention contrary to law or in bad faith, such person shall have the right to obtain compensation in accordance with law.

Likewise, article 21 of the constitution provisioned that a victim of crime have the right to justice along with social rehabilitation and compensation in accordance with law.

There if the person got clean cheat by final court, due to false conviction and illegal prosecution. This person have right to reasonable compensation, previously in the case of Amrit Kumar Shresth vs. Government of Nepal, the Constitution bench of Supreme Court already issued mandamus order in name of government to promulgate the laws relating compensation of crime victims/

Though, this also issue directive order in the name of government of promulgate legal provision relating compensation for crime victim as per previous order of this court.