Dolpa man, wrongly jailed for nearly a year, released by apex court

Pemba Budha from Dolpa was forced to spend nearly a year in jail for a crime he did not commit.

Khunga Gurung filed a murder case against Pem Chhiring Gurung, a permanent resident of Chharka, Dolpa, who was residing in Tanka, Manang. The Manang District Court found Pem Chhiring guilty and sentenced him to 10 years in prison with a fine of Rs 350,000 on 14 March 2021.

According to Pemba’s legal counsel, a person from Dolpa was arrested in Manang in connection with the case. Based on this person’s statement, the Manang District Court concluded that Pemba and Pem Chhiring were the same person. Consequently, the district court wrote to the authorities in Dolpa to enforce the verdict.

Acting on the letter from the Manang District Court, the District Police Office in Dolpa arrested Pemba on 19 June 2023, without conducting further inquiry. He was immediately sent to prison.

During the arrest, the police confiscated Pemba’s citizenship certificate, stating that it needed to be verified at the district headquarters, as stated by Pemba in his petition to the Supreme Court.

Pemba maintains that he has never been to Manang. He expressed deep frustration at being forced to spend almost a year in prison for a crime he did not commit.

Pemba (40), a resident of Chharkatangsong Rural Municipality-4 in Dolpa, spent nearly a year in jail simply because the court found his name similar to that of the individual convicted for murder.

Stating that he was forced to stay in prison due to grave errors committed by the court, police, and prison authorities, Pemba is seeking compensation from the state for the violation of his human rights.

Pemba’s citizenship certificate, issued by the District Administration Office, Dolpa, on 5 May 2002, and his voter ID both confirm his name as Pemba Budha.

How the truth emerged

A few months ago, Anita Timilsina, a lawyer residing in Thulibheri Municipality-3 of Dolpa, visited the Dolpa District Prison for another case. During her visit, she heard from other inmates that someone was imprisoned without having committed any crime. She met Pemba immediately.

After speaking with Pemba, Anita realized that he had suffered a grave injustice. She decided to provide him with legal assistance. “As a legal professional, I offered all the legal advice that Pemba needed,” she said.

Anita gathered all the evidence and helped Pemba lodge a habeas corpus petition in the Supreme Court, naming the Dolpa District Court, the District Police Office, and the Dolpa District Prison Office as defendants.

Finding no evidence linking Pem Chhiring Gurung to Pemba Budha in the case files, the Supreme Court issued a writ of certiorari on Monday, overturning the Manang District Court’s decision. The court also issued a habeas corpus order for Pemba’s release, stating that Pemba Budha was not involved in the case in any way.

Following the Supreme Court’s verdict, Pemba was released from the Dolpa District Prison on Tuesday. Lawyers Bishnu Prasad Timilsina, Bhuvan Niraula, and Jyoti Baniya argued on behalf of Pemba, while Deputy Attorney General Govinda Khanal represented the defendants.