Acting upon a writ petition filed by Gyanendra Raj Aryal, a division bench of Justices Kalyan Shrestha and Baidhya Nath Upadhaya issued the order following an initial hearing on Monday. The bench asked the government to stop the implementation of the directive relating to the distribution of identity card to conflict victims until final order, saying the families of those killed and disappeared during the disputed conflict could not be provided identity cards as per the constitution.
The bench concluded that the Directive could not include all the conflict-hit people as it was not on a par with the Article 33 of Interim Constitution. Saying the government could not justify the clear legal ground for the directive, the apex court has ordered the diffident not to implement it until final decision is made in the case.
‘The words and phrases used in the directive are against words and phrases used in Article 33 of the Interim Constitution of Nepal 2063 and did not incorporate the conflicting side and victims,’ read the SC order, adding that it failed to make clear the legal basis on the provision of incentives to the victims.
The defendants on the writ are the Office of the Prime Minister and the Council of Ministers and Ministry of Peace and Reconstruction.
Over 13 thousand people killed and thousands other injured during the decade long armed insurgency of the country. The UCPN-Maoist, which came to the mainstream of politics following the April uprising of 2006, has been charged for not providing relief to the victims of armed conflict.
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