Supreme Court Reserves Verdict on 'War Crimes' Case Against Prachanda and Baburam Bhattarai

Kathmandu. A writ petition accusing former Prime Ministers Pushpa Kamal Dahal ‘Prachanda’ and Dr. Baburam Bhattarai of ‘war crimes’ has been kept for decision (Nisthu).

The case was scheduled for a full bench hearing of acting Chief Justice of the Supreme Court Sapana Pradhan Malla and justices Sunil Kumar Pokharel and Shanti Singh Thapa.

The writ petition was filed on Jestha 28, 2080, by former child soldier Lenin Bist and 8 others, naming the two former prime ministers as defendants. On Falgun 25, 2081, a joint bench of Supreme Court justices Binod Sharma and Abdul Aziz Musalman had ordered the writ to be presented before a full bench.

The writ petition states that being branded ‘unfit’ and removed from the camp after being recruited as a child soldier during the 10-year Maoist war caused a blow to self-respect and violated international humanitarian law. It has been demanded that Prachanda and Baburam Bhattarai, who were in the leadership at the time of recruiting child soldiers, be investigated and prosecuted under international humanitarian law.  

Furthermore, if justice is not served by domestic mechanisms, it was demanded that a ‘special international tribunal’ be formed in coordination with the United Nations to proceed with the action. Bist claimed in the writ that the Maoists recruited him into the army at the age of 13 and used him in the war, and that this act constitutes ‘war crimes’ in violation of Nepal's constitution and international treaties and agreements.