KATHMANDU: The Supreme Court has upheld the order of the district court to send the teenagers involved in the massacre of six people in Sotigaun of Rukum to a juvenile detention center. A bench of Justices Anil Sinha and Hari Phunyal dismissed two petitions for habeas corpus, citing an order to send two minors to a juvenile detention center.
A petition was filed in the Supreme Court claiming that the police had arrested them and wrongly prosecuted them.
The petition, which was filed in the Supreme Court without registering the chargesheet, questioned the legality of the process from arrest to prosecution. Advocate Kamal Koirala, on behalf of Advocate Laxmi Thapa and Crown Nepal, had filed separate petitions in the Supreme Court three days apart. During the discussion at the apex court, they claimed that the district court had also issued an illegal order. A habeas corpus petition was filed in the Supreme Court alleging that the arrest of the two and sending them to a juvenile detention center was illegal. If a person is illegally arrested and detained by the state authorities, a habeas corpus petition is filed in the court for his treatment. If the detention is illegal, the court issues a habeas corpus order directing the release.
Following the hearing, the apex court dismissed the petition last Sunday and issued some directive orders. The Supreme Court has issued directive to follow the legal procedure in the case of juveniles who are attracted to the Children's Act in criminal cases. According to the regular procedure, if one is not satisfied with the detention order of the district court, one has to go to the higher court. However, they had filed a habeas corpus petition at the apex court without registering a case in the district.
What was the charge?
The police had filed a case against the girl on charges of murder, attempted murder and ethnic untouchability. However, the police could not gather any direct evidence in the chargesheet except to confirm the issue of ethnic untouchability. It is seen that the girl sent a racially abusive message to Nawaraj Vishwakarma from her mobile phone saying, "Talk to Thakuri ...". According to the chargesheet, it appears that a message was sent saying, "Look, I will tell Daddy Mummy."
The police have filed three cases only on the ground that the name of the girl was burnt in the complaint and the mother was with her while insulting her in a racially abusive manner. According to the statement, the relationship between them seems to be over. It seems that the police have started a case based on this issue. It was mentioned in the chargesheet that the relationship between them ended and that was the reason why the girl planned to kill Nawaraj and others.
The girl, who is said to be the girlfriend of the deceased Nawaraj Bishwakarma, had given a statement to the police stating that her father, brother and other villagers were directly involved. She said in a statement, "I believe that my father and brother also chased me, surrounded me and beat me to death." But she claimed that she had no role in it.
The district court of Rukum West had ordered to send two persons involved in the Sotigaun massacre to a juvenile detention center on July 20. One of the two men ordered by the court was a teenager named Nawaraj's girlfriend and the other was accused of being involved in the incident. Only a week and a half later, another 23 people were ordered to be sent to jail.
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