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KATHMANDU, July 18: The Government of Nepal has appealed to the Supreme Court against the High Court’s decision to acquit former Nepali Congress Lawmaker Mohammad Aftab Alam in a high-profile murder case.
The Office of the Attorney General (OAG) filed the appeal, seeking a reversal of the May 28 verdict issued by the Birgunj bench of the High Court Janakpur. That ruling cleared Alam and others of all charges related to a deadly explosion and alleged killings during the 2008 Constituent Assembly elections in Rautahat.
Attorney General Ramesh Badal approved the decision to appeal on July 9. OAG Spokesperson Surya Raj Dahal confirmed that the office is pushing for all accused, including those acquitted by both district and high courts, to be found guilty.
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The High Court had ruled that there was no explosion at the Raja brick kiln and dismissed claims that youths Trilok Pratap Singh and OC Akhtar were killed there. The court concluded that their whereabouts remain unknown and that the incident, including their alleged burning, did not occur.
Judges Dr Khusi Prasad Tharu and Arjun Maharjan determined that the witness testimonies lacked credibility and could not be accepted as reliable evidence. They ruled that the prosecution failed to present forensic or physical evidence supporting its claim that injured victims were burned alive to destroy evidence.
In its 2024 ruling, the High Court said the government had failed to prove the alleged deaths. It added that the government’s own site inspection at Sheikh Indris' house showed no signs of a bomb explosion. The verdict emphasized that under criminal law, when two interpretations are possible, the one favoring the accused must prevail.
Following the verdict, three complaints were filed against the two judges at the Judicial Council, which later transferred both to the SC.
The OAG has argued that the verdict contains serious procedural lapses, disregards crucial evidence, and undermines the credibility of multiple witness accounts. It maintains that the High Court failed to assess evidence properly and ignored the gravity of the original allegations.
Alam, who was arrested in October 2019, was previously convicted by the Rautahat District Court and sentenced to life imprisonment under charges related to murder and the use of explosives. The district court had also sentenced three co-accused: Mohammad Mehtab Alam, Sheikh Seraj (alias Shesh Seraj), and Badri Sahani.
The SC will now review the appeal to determine whether the High Court's acquittal stands or if the trial should be reopened based on the government's objections.
