KATHMANDU: After a prolonged delay, a case against Agni Sapkota, the former Speaker of the House of Representatives, related to an incident during the armed conflict, has finally been scheduled for hearing. The Supreme Court (SC) has listed the 11-year-old case for a hearing on Wednesday, marking a significant development in the ongoing legal proceedings. The constitutional bench, consisting of Chief Justice Bishwombhar Prasad Shrestha and several justices, including Prakashman Singh Raut and Sapana Pradhan Malla, is tasked with adjudicating the case.
The SC's cause list indicates that the case against Sapkota, continuously deferred since October 16, 2019, is now set for a hearing on June 5. Originally referred to the constitutional bench on April 4, 2016, the case has faced delays in reaching this stage. The complaint against Sapkota stems from allegations of involvement in the kidnapping and murder of Arjun Lama in Kavre, with the writ petition related to the war-time case pending since 2012.
Arjun Lama was abducted and killed by a group affiliated with the then rebel CPN (Maoists) in 2005, sparking a prolonged legal battle for justice led by his widow, Purnimaya. Despite initial reluctance from authorities to register Purnimaya's complaint, the Supreme Court intervened in 2008, ordering the registration of her complaint and further legal action. However, the government's decision to halt the case against Sapkota in 2012 prompted Purnimaya to file a writ petition challenging the decision, leading to subsequent court orders against implementing the hold on the case.
Throughout the legal process, Purnimaya has persistently sought justice for her husband's abduction and murder, filing complaints with various authorities and advocating for action against those responsible. Investigations by human rights bodies revealed the extent of Lama's torture and murder by Maoist activists, highlighting the significance of addressing transitional justice issues in Nepal's legal framework. Despite ongoing efforts to amend relevant legislation to facilitate the hearing of armed conflict-related cases, such cases continue to languish in court, underscoring the challenges in achieving accountability and reconciliation for past atrocities.
