CHITWAN, Jan 20: Chitwan District Court has given a clean-chit to television presenter Rabi Lamichhane, his associate Yubaraj Kandel and nurse Asmita Karki on Sunday.

A single bench of justice Hemanta Rawal gave the verdict stating the claims made by the plaintiff were not sufficient.

“Evidence to establish a connection between the scene and defendants’ actions were not availed. The video footage cannot be accepted as the final truth and irreversible evidence,” the verdict reads.

The trio was accused of abetting Mountain Television journalist Salikram Pudasaini to suicide in August. Pudasaini was found hanging from a ceiling in a hotel room in Narayangadh on August 5.

The police, based on a video clip recovered from Pudasaini’s mobile, had arrested Lamichhane, Kandel and Karki and taken to Chitwan for further investigation.

Pudasaini, in the self-recorded video before hanging himself, had held Lamichhane chiefly responsible for committing suicide.

District attorney office had registered a case against the trio seeking five-year in jail.

Following a two-week-long investigation, the district court had released them on bail on August 26, while barring Lamichhane to produce programs related to his arrest and the death of Pudasaini.

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, Aug 26: Chitwan District Court Monday released television program presenter Rabi Lamichhane on bail bond of Rs 5,00, 000.

A single bench of justice Hemant Rawal took the decision to this effect. The court has also released Lamichhane’s associate Yubraj Kandel on bail bond of Rs 3,00,000 while nurse Asmita Karki has been released on general date.

The trio has been accused of abetting Mountain Television journalist Salikram Pudasaini of abetting suicide. They were arrested from Kathmandu two weeks ago after the police recovered a video clip from Pudasaini’s mobile phone, who was found hanging in a hotel room in Narayangadh on August 5.

Lamichhane will have to seek approval from the court if he has to leave the country.

The court has also barred Lamichhane to produce program on the issue of his arrest and Pudasaini’s death.

Thousands of his supporters in Bharatpur were seen cheering and celebrating outside the district court following his release. They had been protesting in Chitwan and other parts of the country demanding his immediate release claiming “Lamichhane is innocent and was framed.”

“It’s the victory for all the Nepali people,” Lamichhane wrote on his Facebook page after his release.

“I am grateful to all the people inside and outside the country for their immense support. I am co-operating the police in their investigation on Pudasaini’s death, and will keep cooperating them. Justice has not died in the country,” he added.

CHITWAN, Aug 25: The police have concluded the investigation on television program presenter Rabi Lamichhane, his associate Yuwaraj Kandel and nurse Ashmita Karki who were remanded in custody in connection with the death of journalist Shalikram Pudasaini.

The police presented the trio at the District Attorney Office in Chitwan on Sunday, said Superintendent of Police (SP) of the Central Investigation Bureau Deepak Regmi in a press conference organized by the District Police Office, Chitwan.

During the investigation, police had presented the evidence supporting the abetted suicide of journalist Pudasaini, who was found hanging at a Chitwan-based hotel on August 5.

The trio was arrested from Kathmandu two weeks ago based on the 13-minute long video clip which Pudasaini has recorded before taking his own life. In the video, Pudasaini had held the trio responsible for his decision to commit suicide.

According to Regmi, the police has also found other evidence but “could not be made public”.

“We are looking into the case impartially and there is no external pressure piled for the case.

“We were assigned by the Police Headquarters to probe the incident and the team he led conducted the investigation accordingly.”

“Since the three opponents of this case were accused of different reasons, the court will decide on them.”

The prosecutor will register a case at the District Court, Chitwan today. The police have already submitted the file with evidence to the Court today morning.

If the public prosecutors register the case today, plaintiff and opponents will argue on whether the accused ones will repaper on the date for trial or released on bail or detain them.

With the new Criminal Code in effect, the people charged for abetted suicide will be fined Rs 50 thousand and slapped five years of imprisonment if found guilty.

Meanwhile, Lamichhane’s supporters have been demonstrating in Bharatpur on a daily basis demanding his immediate release.

KATHMANDU, Aug 25: The police officials investigating into the alleged involvement of television presenter Rabi Lamichhane and two other in abetting journalist Salikram Pudasaini to commit suicide have submitted their report to the Chitwan District Attorney’s Office on Sunday.

Lamichhane, his associate Yuvraj Kandel and nurse Asmita Karki were arrested from Kathmandu two weeks ago after the police recovered a video clip in which Pudasaini held the trio “responsible” for deciding to kill himself.

Lamichhane’s ex-colleague Pudasaini was found hanging by a ceiling fan in a room at Hotel Kangaroo in Narayangadh on August 5.

Meanwhile, the police have presented the trio before the district court as the re-extended five-day custody come to final day today.

Discussion on whether to release the trio on bail or extend their custody will be discussed in the court now.

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, Aug 23: Radio journalist Harisaran Lamichhane has claimed that his brother Rabi Lamichhane has no involvement in the suicide of journalist Salikram Pudasaini. He is innocent and will get out of prison with honor soon, he added.

Television presenter Rabi Lamichhane has been accused of abetting Pudasaini to commit suicide, whose body was found hanging from a ceiling fan in a room at Kangaroo Hotel in Narayangadh on August 5.

Kathmandu Metropolitan Police, in the request of Chitwan District Police, arrested Rabi on August 15 from Kathmandu base News24 office based on a video clip recorded by his ex-colleague Pudasaini in his final moments, in which he held Lamichhane “chiefly responsible for his decision to commit suicide.”

Yuvraj Kandel and Asmita Karki who were also mentioned in the 13-minute long video clip were also arrested and taken to Chitwan.

“Police say Pudasaini recorded several videos in the period of two hours before taking his own life. But only a portion of the video was leaked.”

Rabi Lamichhane’s wife Nikita Paudel had reached Metropolitan Police Range Kathmandu on Wednesday for lodging a complaint against the editor of Jana Aastha Weekly Kishor Shrestha, the editor of online news portal Nepal Aaja Sanket Koirala and chief of District Police Office Chitwan SP Dan Bahadur Malla for tampering the electronic evidence of the video. However, the Range denied filing the complaint citing the case was under the purview of Chitwan Police.

The mobile phone which contained the video was recovered by police officials who had reached the hotel room where Pudasaini was found hanging and was sent to the digital forensic lab at the Crime Investigation Department.

“How did private media get access to the evidence (video clip) from the police? I briefly watched the interview of Kishor Shrestha in which he said he obtained the video from family sources? How did the family receive the video clip from the police?”

“I know Rabi and Kishor’s rivalry go years back. Both are competing against each other. Even though Pudasaini has categorically taken the names of Rabi and two others in the video, there is no concrete proof that Rabi used to torture him.”

“The video itself cannot be proof,” he added.

According to Harisaran, the police investigation is incomplete as the investigation process seems primarily focused on framing Rabi responsible for Pudasaini’s suicide.

Instead of widening the investigation, the investigation is centered on proving Rabi guilty. The investigation is incomplete and heading in the wrong direction,” he said.

“The investigation should not be limited to the video clip. They need to realize there are other factors as well. For example, why did Pudasaini go to Chitwan? Who called him? I have learned that Pudasaini had met some people when he was in Chitwan. Why don’t the police interrogate them?”

“Rabi and Pudasaini might have had rough moments. But these things alone could not have compelled him to the decision to end his own life. There might be many factors contributing to it such as family and society.”

“But I don’t believe Rabi will be proved guilty. I don’t believe Rabi has direct involvement in Pudsaini’s suicide. I am confident he is innocent and will be released from prison with honor,” Harisaran added.

Chitwan District Court on Sunday remanded Rabi Lamichhane, Karki and Kandel to extended of custody of five days to conduct further investigation into the death of the ex-colleague Pudasaini as the investigation remains inclusive.

Harisaran also denied reports that he politicized the Rabi’s case. Thousands of supporters of Rabi has been protesting in Bharatpur every day demanding his immediate release despite the district administration declaring the area restricted zone.

“Rabi is a prominent media figure. He advocated against injustice and corruption through his television program Sidha Kura Janta Sanga. The crowd there has not affected in the investigation but is a part that speaks Rabi is innocent.

“We did not gather them there. Neither have we politicized the case. The supporters of Rabi have arrived themselves.”

“The state should also understand the background and psychology of aggression of the crowd,” he added.

CHITWAN, Aug 20: The accused in the case of the suicide of journalist Salikram Pudasaini will remain in prison for the next five days.

Police in Chitwan has managed to get an extra 5 days for interrogation in order to complete the investigation in the abetment of the suicide of late journo.

Three have been accused which includes media personality Rabi Lamichhane, Roku Karki alias Asmita and Yuvraj Kandel.

The investigation has been so far inconclusive, and statements have not been released yet. The post mortem reports and related documents are with the police and they will submit them at the District Court. More information is yet to come to ascertain the entire matter.

KATHMANDU, Aug 19: The District Administration Office (DAO)  Chitwan has clamped down restrictions in several areas of its jurisdiction effective from Monday. Restricted zones are Chaubiskoth to Malpot Chowk in Bharatpur sub-metropolitan according to the DAO. This was initiated in order to effectively avoid any unwarranted incidents resulting out of severe protests from the public.

Demonstrators have been active since the arrest of popular media personality Rabi Lamichhane in the abetment of suicide of deceased journo Salikram Pudasaini. Whereas one group which include a large fan base of Rabi have demanded his immediate release, the other group has voiced concern for justice to Pudasaini.

“Due to the presence of hospitals, the district court and several government offices in the vicinity, we have to ensure their smooth operation and hence restricted the area from Chaubiskoth to Malpot Chowk due to large scale protests,” said Deputy Superintendent of Police (DSP) Deependra Shah of the District Police in Chitwan.

Police have tightened security in order to make peace and calm in the metropolitan. Since Lamichhane’s arrest on August 15 in connection with the abetment of suicide of journo Pudasaini, the entire area of Bharatpur has been tense with hundreds of demonstrators continuing their protests.

A Mountain television journalist, Pudasaini was found hanging by a ceiling fan in a room at Hotel Kangaroo in Narayangadh on August 5. Days later a heart-rending video clip recorded by Pudasaini “in his final moments” emerged on social media. In the video, Pusadaini held Lamichhane “responsible” for encouraging him to take his own life. Yuvraj Kandel and Asmita Karki, who was also mentioned by Pudasaini in his video, were also arrested for investigation.

The Chitwan District Court remanded the trio to five-day custody for further investigation on Friday.

On Sunday, Pusadaini’s wife Samjhana Ghimire filed an FIR against Lamichhane, Kandel and Karki at Chitwan District Police through Kathmandu Metropolitan Police Range.

Earlier, Pudasaini’s family had also registered a complaint demanding an investigation into the case

According to sources, Police are preparing to produce Lamichhane and two others before the court to increase their custody as investigation into the incident remain inconclusive and underway.

KATHMANDU, Aug 18: Deceased Salikram Pudasaini’s wife has filed FIR against Rami Lamichhane, Yuvraj Kandel and Asmita Karki at the Metropolitan Police Range, Kathmandu.

Samjhana Ghimire registered an FIR against Lamichhane, Kandel and Karki at Chitwan Police through Metropolitan Police Range on Sunday afternoon on the charge of abetment to suicide, said DSP Homindra Bogati.

Media personality Rabi Lamichhane was arrested from the Kathmandu based News24 office on Thursday evening and taken to Chitwan.

This action was initiated after a video created a stir on social media showing a disheveled and ululating Pudasaini  in his final video. The trio which includes media personnel Rabi Lamichhane was blamed for Pudasaini’s condition and out of sheer despair took his own life.

According to police, it has been confirmed that the video was recorded by Pudasaini solely leaving behind speculations and social media rumors that it may have been doctored involving a third person.

The trio was produced before the Chitwan District Court on Friday and their custody was extended for a period of five days for further investigation.

A Mountain Television journalist, Pudasaini was found hanging by a ceiling fan in a room of Hotel Kangaroo in Narayangadh, Chitwan under mysterious circumstances on August 5.

According to the Criminal Code of Nepal, if anyone is convicted for abetment of suicide, an individual may face a jail sentence up to five years and a  fine of Rs 50,000.