KATHMANDU, July 28: Special Court has rejected a request by former Prime Minister and Chair of CPN (Unified Socialist), Madhav Kumar Nepal, to allow a legal representative to attend court hearings on his behalf in the Patanjali land corruption case. This means he must now appear in person for every scheduled hearing.
Nepal had submitted an application requesting permission to send a representative instead of attending in person, citing frequent travel for political programs across the country. However, a bench of judges Tej Narayan Singh Rai and Murari Babu Shrestha dismissed the plea on Monday.
SC rejects ex-IGP Thakuri's review plea
The court based its decision on the seriousness of the charge. “The accused is facing allegations that carry a possible sentence of more than three years in prison,” the court stated in its ruling. “As per Clause (a) of Sub-section (1) under Section 15 of the Criminal Procedure Code, 2074, such an accused cannot be allowed to appoint an attorney-in-fact.”
While courts are generally more lenient in civil cases regarding representation, they follow stricter rules in criminal cases involving penalties exceeding three years. Since the corruption case against Nepal is considered serious, the court did not allow his representation by anyone else.
Over a dozen lawyers, including Senior Advocate Govinda Sharma (Bandi), Major Thapa, Harka Bahadur Rawal, and Pariwartan Rai, argued on Nepal’s behalf. Despite their arguments, the court ruled against appointment of attorney-in-fact on behalf of Nepal.
