Kathmandu: The proposal made by the Ministry of Home Affairs to the President to grant amnesty to 34 people who were sentenced to prison in various cases has been withdrawn. Sources informed that the proposal was returned to the Ministry of Home Affairs.

The Ministry of Home Affairs, using a common loophole in the law, recommended amnesty to 34 people who were sentenced for crimes of a serious nature "against the law" but were not arrested.

But the source informed that the proposal was returned at home.

"The letter sent to the President has been returned," said a ministry source, "We have sent a letter stating the reasons for general amnesty and the opinion of the Attorney General."

What are the reasons for amnesty? It has come back with a letter to be sent along with the opinion of the Attorney General," the source said. On the occasion of the Constitution Day, the Ministry of Home Affairs submitted a proposal to the President to grant amnesty to 34 people found guilty in various scandals.

Most of them are people who have been sentenced in death cases and duty death cases. Apart from that, a high-ranking official of the ministry informed that punishments have been imposed in cases of smuggling, co-operative fraud, etc.

There is a legal provision that punishment should not be waived in cases of such a serious nature.

According to section 159 of the Civil Criminal Offenses (Code) Act, 2074, Civil Criminal Procedure (Code) Act 2074 and Criminal Offenses (Determining Punishment and Execution) Act 2074, their pardon is proposed.

Section 159 of the Code provides for remission of punishment.

It is stated in 159(1) that a person who has been sentenced according to the judgment of the court can apply to the President through the Ministry of Home Affairs to get the sentence pardoned, postponed, changed or reduced.

There is a provision that a person who has been sentenced can apply to the President through the Ministry of Home Affairs for a pardon.

In sub-section (2) of the same section, it is stated that - when making an application as per (1), a copy of the judgment of the court by which the petitioner has been sentenced must be attached.

But the ministry has not attached a copy of such decision.

It is stated in sub-section (3) that if the President sends the petition as per sub-section (1) to the Ministry of Home Affairs for necessary action, then the ministry may consider the following matters and submit it to the Government of Nepal for a decision regarding pardoning, postponing, changing or reducing the sentence imposed on him:-

(a) Nature of offense and circumstances of commission of offence

(b) Age and physical condition of the offender

(c) Extent of punishment imposed on the offender

(d) Whether or not the offender has been sentenced to imprisonment for any offense before receiving that sentence or, if so, the nature of such offense and the punishment he has undergone.

(e) Whether or not the offender is in custody

Another sub-section of the same law states that regardless of what is written, corruption, torture, coercion, killing by cruel and inhuman means or by control, genocide, explosives, kidnapping, body hostage or missing person, human trafficking and trafficking, property Purification and imprisonment for more than three years in the case of trafficking or dealing in narcotic drugs cannot be waived, postponed, changed or reduced.

But according to the source, the Ministry of Home Affairs has sent to the President for a pardon for those involved in crimes of a serious nature who will have to pay up to 20 years imprisonment according to the court's decision. The Ministry of Home Affairs has proposed a deduction in imprisonment who is to bear 10 to 20 yrs of punishment.

Ministry sources informed that more people were involved in the murder in that list.