GROUNDS OF REALISING CHARLES SOBHRAJ - SUPREME COURT OF NEPAL - TRANSLATED SUMMARY

-
         WHO IS CHARLES SOBRAJ? 

 


Charles Sobhraj, a french native, Bikini killer, known for killing over 20 bodies. He was born by a Vietnamese mother and an Indian father. (1944).


He is known to have killed 20 bodies mainly targeting young women in between 1972 and 1982. The victims were drugged, strangled, beaten or burned.  

- NUMBEROUS OFFENCES COMMITTED BY THE SERPENT - 

1975 - A young woman's dead body was found by the Pataya beach, Thailand wearing a Bikini. He was then called "a Bikini Killer".

1976 - He was caught by the Police after a tragic event where he tried to drug a group of over 20 people at a hotel, New Delhi. He was also accused of a murder of another french tourist in Mumbai, later, he was convicted with life imprisonment by the Courts of India for murdering of an Israeli tourist, however, he was set free on an appeal of lack of evidence. Yet, he was imprison for other heinous crimes.

1985 - GOI had agreed to extradite Sobhraj to Thailand, but, while he was in the prison, he somehow managed to fool the prisoners by feeding them sweets filled with drugs and sleeping pills and absconded from the jail, however, he was caught later after a few days in Goa. 

 

By 1997 - He was released from the Jails in India and lived in silent up until 2003 , When in 2004 he was found to have entered Nepal with the help of a False Identity. By that time he was nicknamed as a "Serpent" as how he has been using his skills and has been able to get away with the Judicial remands and custody throughout, like a serpent.  
  
However, during his visit to Nepal, about his arrival in kathmandu was published by a local newspaper and the police began the search to arrest Mr. Sobrhaj. later, after few days, Sobhraj was caught on the accusation of killing Canadian and an American backpackers in 1975. He was then kept behind the bars in 2004. 
It is said that Mr.Sobraj married a Nepali women while he was serving in the jail. And, now the Supreme Court of Nepal had ordered to release The Serpent - Mr. Sobraj. 



 

 
Here is the brief analysis of the order issued by the bench - 
Justice Sapana Pradhan Malla and, Justice Til Prasad Shrestha, Supreme Court Nepal, dated 2079-09-06 B.S.  (ORDER NUMBER -  079-WH-0095, Habeas Corpus Writ)

 

Brief -  
Mr. Sobhraj was held guilty on the charge of Murder by the District Court, Bhaktapur. As per the decision, his sentence was calculated to be till 2060-06-02 to 2080-06-01 B.S. (after the amendment to the National Codes, the imprisonment was set to be 20yrs)  
Later, the High Court, Patan, (case no. 074-wo-1007, dated 2075-03-20) and Supreme Court writ no. 075-wo-0437, 2075-11-12B.S contended the accused being 74yrs old who is also a patient of MITRAL VALVE PROLAPSE WITH SEVRE MR, who requires an urgent treatment and expressed that he has already been through  75% of his whole imprisonment, and on the basis of Karagar Niyamabali, 2020, Rule. 29(2(ka)) has ordered to decided on the matter within 3months of the order date.  
Similarly, another writ of Mandamus no. 078-wh-0105 was filled on 2079-01-11 B.S. against the Home Ministry on the grounds of him being from the Old age category, physical conditions and requested for his Open Heart Surgery, which was later granted, however, not executed. 
In addittion to that, a letter by the Authority in Jail had contented that he was taking a daily of 5 different medicines and his activities on Jail was good enough - 2079-03-09 B.S.

 Ratio of the Judgement

         The bench mostly relied on the arguments based on the Humanitarian Grounds to which Nepal is a Party to and cited below mentioned precedents as for granting of the writ of habeas corpus 

STATED -  
Even if he was asked to be kept at Golghar, Jail dated 2073-01-27B.S. by the High Court, Patan, the order wasn't executed which infringed accused's rights based on UN standard Minimum Rule for the Treatment of Prisoners, 2015. 
Even though multiple Mandamus writs have been granted on behalf of safeguarding accused's health, the execution has been delayed. 
The Bench took into consideration of the accused's age i.e, 78yrs and the amount spent in prison i.e, 19yrs, and expressed grivances on how a senior citizen is neglected of their rights and referred to the precedents set on :  
- Earnest Fenwick Macintosh vs. GON, writ no. 074-WH-0111, Habeas Corpus, NKP. 2075, D.NO. 10080) 
- Gopal Siwakoti and others vs. OOM, 076-WO-0939, Mandamus Writ, Nkp.2077,D.no. 10509

Lastly, the Bench Contended that by keeping the accuse imprison amounts to violation of Human Rights, Fundamental Rights of an Accused of a Crime.  Thus, the Court has order in granting of the writ of habeas corpus  against Mr. Sobhraj and ordered to set him free and to manage necessary supporting helping him travel overseas with 15days of the order. 

 As the purpose of this Blog is to educate non-Nepali text reader to translate the order dated by the Supreme Court on granting of Habeas Corpus Writ and to provide a brief on why he is given the name he is called by. However, the intention of this blog is not to promote hate speech towards any people or countries. Nevertheless, the detailed information of his offences are provided on the internet and is asked to inquiry if there's any queries. 

REFERENCE - 

1. https://www.bbc.com/news/world-asia-64073271

2. https://www.aljazeera.com/news/2022/12/23/timeline-case-of-charles-sobhraj-bikini-killer-serpent

3. https://www.thequint.com/voices/blogs/the-serpent-netflix-indian-envoy-journalist-sealed-charles-sobhraj-fate-nepal#read-more 

4. Order from Supreme Court. 

 

Comments

Post a Comment

Popular posts from this blog

के रहेछ त नेपालको करणी सम्बन्धी कानून व्यवस्था र सिद्दान्तहरु ? किन राखिन्छ मुद्दाको पहिलो चरण मै अभियुक्तलाई थुनामा?

-
Image
    नेपालको जनसंखया हेर्दा हाल २०७९ [1] साल सम्म २९,८०५,३८६  आबादि मध्ये १४,७८०,७३०  पुरूष र १५,०१८,९३०  महिलाहरु छन्। यदय्पि महिलाको संख्या बढि भएपनि नेपालमा अजै पितृसत्तात्मक समाज छाएको छ। त्यसैले पनि हाम्रो कानूनी व्यवस्था हेर्दा धेरै सिद्दान्तहरु महिलाहरुको अधिकारलाई समाबेश गरेर बनाएको देखिन्छ।  त्यसैगरी नेपालको  literacy rate  as of 2018 [1] ,adult literacy rate महिला (female) is ५९.७२% and पुरुष (male) is ७८.५९% छ । यद्यपि महिलाहरुको संख्या बढी भएपनि literacy rateमा भने पुरुषहरु अघि छन।  महिलाहरुमा चेतनाको अभाब र पितूसत्तात्मक समाजले गर्दा महिलाहरु माथि हिसां र समाजमा घटिरहेको कसूरबाट पीडिता हुन जान्छन ।  छलफलको विषयहरु - १.  जवरजस्ती करणी कसूरको संख्या बढेर आउनुको मुख्य कारण र ती का समाधानहरु २.  जवरजस्ती करणी सम्बन्धी कानूनी आधारहरु  ३.  ने पालमा अहिले यति विग्न करणीको मुद्दाहरु दर्ता हुनुको मुख्य कारण  ४. किन महिला सम्बन्धी मात्र कानून व्यवस्था छ र कानूनमा संशोधन हुनुपर्ने वुदाहरु  ५. ज.क.मुद्दामा ...
Read more

How Marxism theory relate classism conflict with Capitalist system?

-
Image
  Karl Marx, the doctrine states that the class struggle is one of the sole reasons for historical change, the introduction of the Capitalist System. He introduces the labor theory of value and explains the transition from labor exploitation to a Socialist system.        CONTENTS : 1. What is Capitalism? Theory of Karl Marx.  2. The change in society from Capitalist to Socialist? 3. Whether Nepal follows Capitalist form of Government? Marx set out his intellectual framework in his book Das Kapital: Volume 1 (Marx.1867) was published in his lifetime, Volume 2 and 3 were completed and published after Marx's death by his collaborator Friedrich Engels. Marx and Engels set out their main thrust in the Communist Manifesto (Marx and Engels, 1848). [1]  This manifesto opens with a review of the existing conditions of society. It goes on to show how gradually the old feudal division of classes has disappeared, and how modern society is divided simply into two c...
Read more

WHAT IS ACTUALLY HAPPENING IN SRI LANKA?

-
Image
 Sri Lanka, formerly known as Ceylon one of the countries in Southeast Asia, home to diverse cultures, famous for its islands, temples, and heritage sites that shares its border with India and Maldives.  From the  Taliban conquering Afghanistan, the execution of Nirbhaya convicts, the election of Joe Biden as the President of the US and the first people of color to ever hold such a prestigious post as that of Vice-President i.e, Kamala Harris, the pandemic causing the death of several civilians, Russia invading Ukraine, to the conflict that has been administered in Yemen and Syria, in the past decade we have seen it all. Never would have reckoned that in 2022, particularly Sri Lanka would be facing one of its biggest Crises ever.  HISTORY OF SRI LANKA'S GOVERNMENT. To begin with, it is the duty of the state to look after the Nation and its Countrymen. The Democratic Socialist Republic of Sri Lanka adopts Constitution as the Supreme Law of the Land and follows a Unit...
Read more