The National Human Rights Commission on Friday said it is concerned over a bill that allows the government to withdraw cases that are sub judice in courts.

Holding a press meet, the constitutional human rights watchdog expressed its serious objection to the bill, arguing such a provision violates human rights and promotes impunity. It has asked the concerned authorities to revise it.

The Bill to Amend Some Nepal Acts has a provision that says “cases sub judice in any court against anyone from a party or a group which conducted violent protests in the past but is carrying out its activities peacefully now, based on the constitution and the law, can be withdrawn”.

Through the bill, the government has added a sub-section to Section 116 of the Criminal Procedure Code which ultimately aims to withdraw cases from all tiers of the court—the Supreme Court, high courts and the district courts—against such political leaders.

The bill has been endorsed by the House of Representatives and is currently under consideration at the National Assembly.

The commission is of the view that the provision will have an impact on the commission's recommendations and transitional justice.

“As per the proposed legal provisions, even if any political party or group commits a violent and grave criminal offence, the leaders and cadres of the political party or group can get immunity through a political agreement,” said Top Bahadur Magar, chair of the commission.

“The lack of judicial trial and withdrawal of sub judice cases can provide immunity to the culprits and may erode public confidence in the judicial system.”

The commission believes that the provision will render transitional judicial mechanisms irrelevant.

“There is a strong possibility that even the conflict victims who have been waiting for justice for the past 17 years will be deprived of their right to justice,” the commission said in a statement.

“The commission cannot agree to acquit any guilty of serious human rights violations under any pretext.”