(Purni Maya Tamang widow of late Arjun Bahadur Lama)

KATHMANDU: Purni Maya Tamang widow of late Arjun Bahadur Lama spoke of the injustice that was meted out against her, also recollecting the hardships that she went through. “Four months remain for it to be 15 years since the Maoist took my husband away. I haven’t seen him since and neither his mortal remains.

He went for a school program on the 29th of April, 2005. Members of the Maoist Bhola Aryal, Yadav Poudel, and Shyam Gautam took him away from the school and he was untraceable since. That evening there was a heavy storm.

They had said that he would be returned to the school, but they never released him back. I spent the night sleepless. The next day they reached Rashikhola but from then on I could not find the whereabouts of my husband”.

“My husband was killed on the orders of Agni Saplkota,(the latter is the new Speaker-elect of the House of Representatives of the Parliament of Nepal). In this job, Suryaman Dong is involved too. He became a Minister too. Bhola Aryal, Yadav Poudel, and Shyam Gautam took my husband from the school and he was untraceable since.

I had tried filing a case on the 5th of July 2007, at the District Police Office but they did not accept my request. I went to the Supreme Court and they gave the orders. On 11th August 2008, the Dhulikhel based Police filed a ‘Responsible for Murder’ case.

Although the case was filed they were never caught. I was turned back every time with the saying that we cannot do anything against a person of such stature. My husband was randomly killed and for this crime, there should be an investigation, a fair trial, and justice”.

“When the earthquake destroyed my house, I started living in a makeshift shanty. I think of him in times of festivals and other occasions and I feel like crying. I cannot stop my tears when I cross the school from where he was abducted. My husband was a helpful man and he had not committed any crime”.

“Although the court had passed judgment, the government failed to take action. They didn’t follow the Court order. This is why I have faced enormous difficulty. I have gone through various levels of organizations for the sake of justice but to no avail. I was misled repeatedly, and none could trace by husbands mortal remains”

“I saw Agni Sapkota at the Supreme Court once, I wanted to ask why he killed my husband, but his guard hurried him inside his vehicle. The government has time and again provided me with a compensation of 1 million Nepali rupees”.

“I have learned that the Supreme Court has rescheduled the date of hearing. 4 months ago the final hearing was to take place, but I hear they have postponed it again. I had come back to my village home on Sunday, and I learned that Agni Sapkota was being made the Speaker of the HoR. I couldn’t sleep that night as I was thinking as to why this person who has been unjust toward me is being put to such an important post, these thoughts kept playing in my mind”.

(Translated from Reporters Nepal, main source Nagarik Dainik) 

Reporters Club: The family of late Kumar Poudel, who was killed in Lalbandi 1 of Sarlahi district, have remorsefully requested the media and the civil society to be aware of the injustice toward them by the current government. Speaking at a special press conference organized at the Reporters Club, Hari Krishna Paudel stated that his late brother was not a criminal and neither had he committed any offenses. “He was the most helpful and understanding of all, and he always cared for the people. He was protesting against the corruption of the government that was involved in acquiring land through mafias and involved over 200 million Nepalese rupees being embezzled”.

There was no reason that he would be involved in an encounter with the police. These are baseless lies without any evidence. They killed my brother in captivity and tortured him”. Hari Paudel also stated that those involved in his brother’s organized murder were Bharat Kumar Thapa Mayor of Bagmati, Dilli Upreti Member of State Legislative Assembly, Sagar Nath from the forest development department, and Dacharam Wagle.

(Hari Krishna Poudel brother of late Kumar Poudel)

He also stated that the administration and the authorities were hand in glove which involved both the IGP Sarbendra Khanal, as well as the Home Minister Ram Bahadur Thapa aka Badal and that the entire incident was premeditated in order to kill his brother as their prime objective.

The family was not only denied of any post mortem reports neither was the body handed over to them on time. Poudel stated that “they kept the body for three days, and it was decayed and unrecognizable, his teeth and hands were broken, and there were visible signs that he could have been tortured while in custody”.

This view, however, goes against the official reports that late Kumar Poudel who was a member of Netra Bikram Chand’s (Biplav) Communist Party of Nepal prohibited by the current government was killed in an encounter after he fired at the police.

The brother of late Kumar Poudel at the press conference stated that “the family was desperately looking for justice which has been denied to them. He has requested the media to take the entire incident into account which has many loopholes that bring the notion that his brother was killed in captivity after being atrociously tortured”.

Speaking at the same program was the widow of late Kumar Poudel who pleaded for justice for her late husband, ” I have been going door to door for the sake of justice for my husband, although the government says it was an encounter that is not the truth, please give me justice” she said.

( Kala Poudel widow of late Kumar Poudel) 

The mother of late Kumar Poudel, 70-year-old Durga Devi Poudel sobbed continuously while speaking about her son. “There were 12-13 thousand people who attended by sons funeral if he was a criminal why would these people turn up? The entire administrations along with the justice system have collectively colluded in order to kill my son for the person he was.

They have taken huge amounts of money in order for this to happen. When I saw my son’s body it was beyond recognition, his teeth and hands were broken, and his body was riddled with bullets. Now we are forced to organize this press conference as no one is listening to us, and our path to justice is unclear” she said. She also questioned that “is the law only for common people like us, does the government get to go scot-free for whatever they do? They must be held accountable for their actions”.

(Mother of late Kumar Poudel, Durga Devi Poudel) 

With sadness and a  pent-up emotion Durga goes on to state “If I do not get justice, I will commit suicide in front of the Human Rights Commission, at this day and age even if we kill animals on the street we are asked to pay fines and penalized, what about the value of human life? She spoke about how helpless her family was given the conditions and not that they are financially well off. I am old, and I cannot go from pillar to post looking for justice, I request all media personnel to take this cause as this state has killed my son”.

On the occasion, senior Advocate Dinesh Tripathi said that “if we are living in a society that is civilized following the principles of democracy then for incidents such as this the government should be held accountable for. This government is terrorizing its citizens without following the due process of law, and since there is no provision of a death penalty in this country even via the Supreme Court, the police do not have the right to take anybody’s life like this”, he said.

(Senior Advocate Dinesh Tripathi)

“The body of late Kumar Poudel had enough evidence that he was brutally tortured in police custody and later murdered which was framed as an encounter, this is against all norms of a civilized society, there should be a thorough investigation regarding this matter. There should be zero tolerance regarding such cases, even our neighboring India passed a landmark judgment to prove extrajudicial killings, we should be doing the same”.

Advocate Tripathi also spoke on the various aspects of the constitution and its implementation which was completely in opposition regarding this case, and he remarked that even during the times of serious emergency the right to life always exists. The perpetrators of this heinous crime cannot go unpunished, we are slowly destroying our constitution”.

Human Rights Activist and Chair -Joint Forum for Human rights of Accountability Watch Committee Charan Prasai spoke about the violation of individual right, and in light of this making the government answerable for their actions. “The government has not been responsible and has gone beyond its democratic principles and the constitution. The victims, in this case, have been denied a fair investigation, while there are many questions that can be raised in this particular incident”.

(Human Rights Activist and Chair -Joint Forum for Human rights of Accountability Watch Committee Charan Prasai)

He also said that it is a gross violation of human rights and those very provisions that are enlisted in the constitution to which the government is caretaker too. There have been several incidents such as these, up to 12 such individual cases where the investigations have not been conclusive and the perpetrators still at large.

Activist Prasai said that this was a security issue, and it may befall on anyone. “We cannot get distracted in cases like these which are of significance. We need to be serious and cannot let these incidents continue”. He also said that it was unfortunate that the victim’s family were not treated well when they first approached the Human Rights Commission seeking justice. There is an urgent need for justice for the victim’s family, and we need to get the truth out without holding any preexisting prejudice”.

The family hopes to get justice and will be going from pillar to post explaining their plight and hoping that there will be people within the system in support for them sharing their sentiment. The family feels they have been denied justice by the system which is working closely with one another against them, and it is the government that is responsible for taking their kin’s life.

KATHMANDU, Sept 5: The parents of late Yuvraj Kumar Shah who was abducted and later mercilessly killed by the abductors have issued a strong statement against the Supreme Court’s decision to let go two of the accused.

Speaking at the Reporters Club in Kathmandu in a press conference the parents have asked for justice and requested concerned authorities to take the matter seriously. In a frantic plea to all major institutions of justice the parents have asked for stringent punishment and to overturn their decision to let go the accused in the case.

Mother Babita Devi said that the murderers should be given harsh sentences and if they do not heed her pleas and take action she will fast-unto-death at the gate of the Supreme Court. Even after the investigation unit submitted all the pieces of evidence against the accused the Supreme Court has let two of them go, and so they are willing to go to any step to get justice for her son she said. Speaking at the program she stated “If my son does not get justice his soul won’t rest in peace. The Supreme Court has made a mistake and they should correct it immediately. It has been over a year seeking justice and for a mother to lose her only 12-year-old child is unbearable and the murderers are now walking freely which has been agonizingly painful”.

Yuvraj Kumar Shah was forcibly abducted from his home on June 9th, 2018 from Kathhariya-3 of Rautahat district. The following day a call was made for a ransom of 10 million Nepalese rupees. The same day within 24 hrs of his abduction he was murdered in a gruesome manner. Father Dileep Shah had then filed a case at the local police station. Although 17 people were found guilty and charged with abduction and murder 12 were criminated, 5 of them are still at large.

Dileep Shah who lost his son had provided call details, along with statements of the scene of the crime, and there was ample evidence against all of the accused. The district courts had found them guilty and were sentenced. The accused appeal at the high court and 4 of them were released on bail, and the Supreme Court let two of the accused go scot-free. Dileep voiced his dissatisfaction of this matter and said, “They killed my only son in the most gruesome manner and now they are roaming the streets freely, is this justice?”.

(Dileep Shah) 

5 of the accused are still at large in this case and Shah stated that he and his family are no longer safe till they are not caught. He said, ” on one hand 5 of the accused have not been found and on the other, the Supreme Court is letting go of two more, I have not yet come into terms of the loss of my son and now I am having to face this from the justice system”.

According to Shah, Yuvraj was abducted from his home and the abductors who were heavily armed threatened to kill the other family members too if they did not cooperate. The next day a ransom call was made demanding 10 million Nepalese rupees failing to comply they would take their son’s life. The investigating unit was able to capture the abductors but it was too late, Yuvraj had been shot mercilessly, and he was already killed. The court found several guilty including Shakti Kumar Yadav, Praveen Kumar Yadav, Ramjha Prasad Yadav, Krishna Autar Raya Yadav, Ritesh Yadav, Firhodeen Yadav, Lal Baby Raya Yadav, Rameshwor Raya Yadav, and Hoshnarayan Yadav.

Hoshnarayan Yadav during the time of the incident was working in the police station and he too was involved in this crime. He is said to be at large, while his name is on the list of fugitives.

Speaking at the press conference Niranjan Jasiwal the cousin of the deceased said that he hoped that justice would be served and that he was hopeful that the Supreme Court will give them justice. He also said that those guilty must be given the severest punishment for this dastardly crime.

REPORTERS NEPAL, Sept 5: 12-year-old Yuvraj Kumar Shah while playing with his siblings is abducted in broad daylight by a group of armed individuals. On June 9^th, 2018, 12-year-old Yuvraj is forcibly taken by armed individuals who threaten to open fire and kill the members of the family present in his house in Kathhariya-3 of Rautahat district.

This is followed by a call made for a ransom of 10 million Nepalese rupees, and this continues for the subsequent day threatening the family members of dire consequences if the amount is not paid. Within 24 hours of his kidnapping, Yuvraj is killed in captivity. Dileep Shah father of the deceased files a case at the local police station regarding the matter. The police manage to find the culprits of this heinous crime but it doesn’t end there.

The district court of Rautahat finds the accused guilty, those arrested on the charges of kidnapping and murder are Ram Balak Raya Yadav, Krishna Kumar Yadav, Shakti Kumar Yadav, Praveen Kumar Yadav, Ramjha Prasad Yadav, Krishnaautar Raya, Ritesh Yadav, Firodheen Raya Yadav, Lal Babu Raya Yadav, Rameshwor Raya Yadav and Hosh Narayan Yadav. The latter is said to be working in the local police station.

The entire matter was investigated upon with every intricate detail, call records, and other visible evidence leading to the prosecution of the accused were submitted to the court by the investigation unit related to this particular case. While some were arrested, those that were not present were issued warrants with a timeline to surrender. Several accused dissatisfied with the decision of the local court move the case towards the high court. While the decision stays, the matter continues to escalate moving further up.

On August 29^th, 2019, the Supreme Court of Nepal under Justices Ishwor Prasad Khatiwada and Kumar Regmi, set two of the accused free from custody. Ram Balak Raya Yadav and Krishna Kumar Yadav were freed from police custody. This has dampened the spirit of justice and the parents of the deceased child are now in extreme agony. They haven’t forgotten the loss of their child and the heinous atrocity that took place.

The entire matters from the investigation were seen as ransom seeking from a group of people. All of the accused have confessed to their crime. During the trial, it was seen as though the authorities were trying to shield the accused rather than penalizing them for their crime.

Justice is a term too elaborate for the common human mind and in certain cases out of reach. It has been discussed through various theories, evolved along with humans through various institutions. Yet it seems far-fetched for the common eye, and while we battle sometimes within the system to find the truth, justice, as it is known to many, is available only to a few. The month of august had set Nepal into a whirlwind of frenzied demonstrators out in the streets invoking justice in what will be known in Nepal’s media history as mind-bending, while there are many factors yet to be ascertained, and deliberations still continue, let us take a look back to untangle and familiarize a case that brought the people of Nepal to cognizance, that led thousands out into the streets across various parts of the country.

Salikram Pudaisani a well-known journalist hosting Mission News, working for Mountain TV a Nepalese news channel was found hanging in Kangaroo Hotel in Bharatpur Chitwan. It was an open and shut case at first sight for the initial investigating unit of the Nepalese police stationed in that precinct. Salikram had committed suicide. While probing continued into the case and post mortem details were collected, his body was handed over to his family for his last rites. The first turn of events that brought a startling turn was leaked footage accessed by an online Nepalese news media Nepal Aaja (literal translation Nepal Today). In this video which is said to be Salikram’s final before his death is seen ululating and taking names of three people involved for his flagitious suicide. One of the three accused would make this a landmark case for every person to ponder in the entire history of mass media in Nepal.

Rabi Lamicchane was not only a person known as an outspoken critic of the government and its various systems. He was a messiah of sort for the common Nepalese. The program Sidha Kura Janata Sanga (literal translation “Straight Talk with the People”) aired by News 24 where he currently works highlighted many issues faced by the common masses at home and abroad. This not only won him goodwill but also a great deal of affection that is strenuously portrayed throughout this case. His international recognition through the Guinness book of world record is another laurel where he had a marathon talk show for over 62 hours. It is still unknown why his name was utilized the most by Salikram in his final video wherein a state of absolute remorse and ululation states “The money that you have earned will burn you someday, Rabi you have driven me to this point where I have nothing left but to end my own life, I hope you are convicted for my death according to Nepalese law”. Salikram was largely underpaid and overworked and these were the conditions that drove him to commit suicide.

Mind-bending

Several factors came to light widely discussed that were seen as anomalies in this case. In the video, although proven later by experts that the video was neither doctored nor was there a third person involved, Salikram is found to be reading from a well-prepared script in between lines rather than a final extempore. Although this has been ruled out in the ongoing investigation, Salikram makes contradictory statements regarding his financial status, his statements outrightly contradicts to the point when he talks about being underpaid, whereas instructs his wife to stake a claim on the multi-million properties that he has. The second important factor to consider is the dubious nature of Salikram’s infidelity. He blames Ruku Karki alias Asmita as also another reason for this decision to end his life. Various local media houses within Nepal discussed on a whole range of possibilities of this being a homicide, to the extent of stating through video footage of the scene where Salikram hung loosely while his legs were bent on the bedside which looked very unlikely that he committed suicide in such a fashion. Video footages also reveal injury marks on his legs, while the sources were varied and each unconfirmed, the official post mortem report states that it was death due to suicide. Right after the leaked footage of Salikrams ululating monologue, media personality Rabi Lamichhane, Yuvraj Kandel and Roku Karki alias Asmita were arrested and taken to Chitwan district, the precinct for this case. The relationship or the camaraderie shared between Asmita, Rabi and Yuvraj are still unclear, and the only inadequate substantiation is provided in the final monologue of Salikram’s video.  This video was proof enough to have the trio promptly arrested after social media uproar where Salikram gained widespread sympathy.

Equivalence of Justice and Injustice

Justice is a broad concept. Its metrics are related to ethics, society and encompassed by the moralistic standard that we set for ourselves. The suicide of Salikram and the subsequent arrest of trio including media personality Rabi Lamichhane for the offense of abetment to suicide will serve as a hallmark in order to provide justice in similar cases. However, the metrics as I said earlier regarding justice has been visibly distorted and there is no equilibrium for either the victim or the accused. While justice needs reasoning, Salikrams suicide remains unjustified keeping in mind the situation that he was in, settled in a media house, and recognized along with a family. Salikrams death was a self-inflicted calamity which could have been avoided, but he too was denied justice if we look at it through the lenses of various forms of transcendental justice.

Investigations after the accused were arrested brought thousands in the streets posing a law and order threat in the area, a curfew was clamped to ease tension portraying mob mentality of the people. Obstruction of justice via the masses without reason or justification was blatant injustice toward the victim. While this case continues and the accused have been released on bail, it is debatable that what has been compromised is justice, while the accused maintain their innocence due to the media image of Rabi Lamichhane, widespread support against his arrest are determinants of what may be the outcome for the future course of action to be taken in accordance with law.

The suicide of Salikram bears duality, Emile Durkheim states, “irrespective of any external, regulatory force, our capacity for feeling is in itself an insatiable and bottomless abyss.” In Salikram’s case, it was probably a weak conscious, and the inability to face the consequences of one’s own action. His belonging to the world to his society diminished with the various hurdles that came his way and the position he was put into as a result of his own actions. Abetment to suicide may be interpreted, but in this case, the direct blame through a visual monologue definitely tangles the case further. Let us just hope that while the equivalence of justice and injustice in this case continue, justice is served.

KATHMANDU, Aug24: A congregation of media personnel along with various artists firmly stand for a fair and free trial of medial personality Rabi Lamichhane, along with Yuvraj Kandel and Roku Karki aka Asmita. Speaking at a special press conference organized at the Reporters Club, actor Nirmal Sharma introduced the intricacies of the case and asked the artists to voice their various concerns on the occasion. The trio’s extended custody ends tomorrow, and they will be produced before the court who will decide on the future course of their fate.

President of the Reporters Club Rishi Dhamala stated “I am confident that justice will be served. We have to have faith in the justice system. Speaking at the program Dhamala said that he was the first journalists to voice his concern regarding this matter urging for a free and fair investigation. He firmly believes that the justice system needs a stronger mechanism, and there needs to be concrete evidence to continue keeping Rabi and the rest in custody. “I also spoke to the Inspector General of Police and he has assured me that Rabi is safe and that he need not worry about his life”. Dhamala also stressed on the importance of being dutiful as a citizen, “we need to let the legal procedures take its course, we have spaces for debate, the Reporters Club is such an avenue for healthy debates and we always encourage that. As media person’s we have to be unbiased and not take sides, we have to allow the justice system to perform its duties “he said.

Similarly, acclaimed Nepali actor Deepak Raj Giri spoke with deep sentiments in the program. He had faced tough situations in life and he offered his support to Rabi for what he is currently going through. He started by saying “May the departed soul rest in peace. I know it is extremely painful even to think of taking this drastic step. Life is like that and there are injustices in every step. There are hurdles and it always poses extreme challenges which make certain individuals quite midway. The current framework of law especially relating to the abetment of suicide has many loopholes. A person who dies may or may not be correct, we cannot look at a criminal case with a sentiment. Why are they numerous people in the streets protesting in favor of Rabi? He is the one who provides hope to the voiceless, and his phenomenal work is a result of him being popular among the general masses. Rabi is innocent, while suicide in itself is a heinous crime. I feel that he will get justice tomorrow. Rabi will continue a hero as against the villain he is made to be, with his continued great work in media”.

Popular action hero Nikhil Upreti spoke at length of the current state of the society and its mindset. “ I hope and pray for Rabi’s release he said, but in case he is guilty no one is above the law”, he thanked the Reporters Club for providing this platform where they could address their genuine concern regarding the current system and the injustice due to certain procedural loopholes. “We have to accept the legal framework and not protest in the streets, our institutions are in place and working within the mechanism guaranteed by the system and the constitution, let us hope for a free and fair investigation,” he said.

Actor Ramesh Upreti who was also present on the occasion kept it short by expressing his personal views that he had regarding the matter ” A free and fair investigation is required, we have to follow legal procedures, Pray for Rabi’s release, and in case of him being found guilty no one is above the law” he said.

Also on the occasion actor, Anurag Kunwar stated his confidence that the investigative unit will be fair and arrives at a conclusion which will serve justice. He also spoke about justice for women for what they are going through. He said three women’s life has been miserable, late wife of slain journalist Pudsaini, accused Roku Karki aka Asmita, and Nikita wife of media personality Rabi Lamichhane. I hope they get justice soon he said.

The press conference was organized in solidarity for the earliest release of Rabi Lamichhane who they feel is being framed in this case. His extended custody ends tomorrow, and the court will decide the future course of action. There is hope that Rabi would be released from custody tomorrow.

KATHMANDU, Oct 11: Prof Dr Gobinda KC has lamented over what he called the ‘disappearance of justice from the judiciary’.

Talking to media persons at the TU Teaching Hospital, Maharajgunj on Wednesday, Dr KC also warned of launching a protest as a civilian to retain judiciary’s dignity. Dr KC is on his eighth day of his 13^th fast-unto-death demanding reforms in the medical education sector.

“If judiciary is without justice, where will the ordinary people go to seek justice”? It is the responsibility of all Nepali people to fight against this situation,” he said.

He expressed discontent over the release of Director General of Nepal Oil Corporation Gopal Khadka who was accused of misappropriating millions of rupees while procuring land for building fuel storage facility in different parts of the country. Dr KC also accused political parties and their leaders of corrupting states bodies.

He demanded that the Medical Education Bill be endorsed within October 21 before the term of the current Parliament expires. No response to this effect has come in from the government side so far however, he said.