On October 4, the government went against the Supreme Court's order and decided to withdraw 695 criminal cases including those against Prime Minister Baburam Bhattarai, UCPN(M) Chairman Pushpa Kamal Dahal as well as cadres of the Madhesi Janadhikar Forum.
Earlier in March, the SC had ordered the state to make amendments to the provisions for withdrawal if it wanted to take back the registered cases. Instead of making the required changes, the government suspended one of the provisions for two months in order to pardon its own cadres.
Then in July, the government sought legal advice from the office of the Attorney General regarding the possible withdrawal of the criminal cases, and it is understood that these recent decisions were taken based on the AG's suggestions.
"Whatever the standards and processes says, cases registered during the insurgency and during the Madhes uprising can be withdrawn as exceptions by suspending clause number four for two months," says the statement released by the cabinet.
On the day the cabinet took its decision, the Home Ministry had passed files to the Ministry of Law for recommendations, which in turn, passed it back to the government the same day without changing a word.
Among the withdrawn cases, 14 are related to murder and conspiracy to murder, eight are concerning arson, eight about robbery, and two are related to riots.
A total of four cases of arson and robbery against Bhattarai and Dahal registered during the early years of the insurgency have been withdrawn. These cases were suspended by the district courts as soon as the Maoists joined the peace process.
Some of the withdrawn cases which the government describes as politically motivated involve crimes against humanity. Murder charges against the UCPN(M)'s Surya Man Dong and Haribol Gajurel, and other cases against Agni Sapkota, Uma Bhujel, Khag Raj Bhatta have also been revoked.
Based on the recommendations of the district court in Sarlahi, the government has also withdrawn cases against three members of Deputy PM Bijay Gachhadar's Madhesi Janadhikar Forum who were involved in the murder of two men in 2007 saying these cases were registered out of political biasness.