NATIONAL HUMAN RIGHTS COMMISSION
3.6.3. Revision and Decisions in course of Implementation of the
Commission’s ruling
S. No.
Date of decision
Meeting No.
Decision No.
1
25 November 2003
60
8
Details of the decision : Since the concerned staff of the Home Ministry and Police
Headquarters did not cooperate with it (Commission), but
provided irrelevant, improper response to inquiry regarding the
case of illegally keeping Khadga Bahadur Devkota in custody on
8 March 2001, the Commission sought the implementation of its
decision dated 7 August 2001 for the Home Ministry’s action against
those staff members. To this move, the Home Ministry through its
letter of 1 March 2002 responded by defending their staff. It
explained to the Commission that the Ministry and Police were
cooperating in providing sought information, and not ill intentioned.
The write petition in this regard previously filed with the Supreme
Court over the habeas corpus has been quashed through the letter
of 11 May 2001, citing that its stipulated date had expired back on
30 March 2001. The documents related to the write petition have
already been dispatched to the Commission office. Hence, it needed
no further action, and the Commission decided to apprise the
government about this development.
S. No.
Date of decision
Meeting No.
Decision No.
2
25 November 2003
60
9
Details of the decision : In regard to the Commission seeking implementation of its
decision on Pratap Man Shrestha, it received the letter (dated
23 May 2002) from the Secretariat of the Cabinet of Ministers
stating that the decision could not be implemented as per the
Section 73 of the Civil Service Regulations, 2049. Since the
government decision taken in case of Mr. Shrestha has contravened
with the cases of Diwakar Dutta Pandey and Biswo Babu Tiwari,
which are very much similar in nature, the Commission decided
to make sure that the legal treatment be equal to all in the similar
case as per the rights guaranteed by the constitution. It decided
to apprise the government of its decision to implement equal
treatment.
S. No.
Date of decision
Meeting No.
3
11 November 2003
As per the Office of Prime Minister and Cabinet of Ministers
Details of the decision : As per the Commission’s decision over providing damages of
Rs.30,000.00 to the affected families including the patronage 2185
to late Malecia Dev, patronage 2180 to Sagyandevi Roy, patronage
2181 to Devmaya Adhikari, patronage 2183 to Rampari Devi,
patronage 2184 to Mana Turia Dev Shah, patronage 2189 to the
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