Immunity to two state parliamentarians and Purggaonpalika chairman in the wildlife poaching case

The Parsa National Park Office had filed a case against 47 people, including two provincial parliamentarians and one Purgaonpalika chairman, for being involved in the illegal poaching of wild animals .

On December 17, 2080, Ramchandra Khatiwada, the senior conservation officer of the park, found 11 people, including 5 who were caught red-handed at the scene, guilty of hunting nilgai and chital in the park area without a permit, while two MPs and the chairman of the village council cleared the matter.

A case was registered against Parsa 3 (1) MP Pramod Kumar Jaiswal, Kathmandu 5 (2) MP Shyam Khadka and former chairman of Sakhuwaprasauni Rural Municipality Pradeep Jaiswal for working as a bribe in illegal poaching. Jaiswal Chait, who was elected as an independent, joined the UML in the second week and was appointed as the Minister of Education and Culture of Madhesh government. Khadka is an elected MP from the Congress.

The arrested defendants Japasdas Tharu, Navraj Basnet, Vishal Sahni, Damodar Adhikari, Mlangdong Tamang, Prakash KC, Sulam Mian Ansari, Bhola Bahadur Thapa Pun Magar were demanded to be punished according to Section 26(3) of the Act.

The demand for punishment was claimed in accordance with Section 27 of the National Parks and Wildlife Protection Act 2029, considering that the parliamentarians and Purggaon Municipality Chairman acted as agents. A fine of 50,000 and a fine of up to one year was demanded for them. What was the

event?

During regular patrolling of the park on the night of January 4, 2079, the park and army team arrested 5 people from a farmhouse located in Sakhuwaprasauni-1 with the head of a dead deer horn and weapons. Locals said that the farmhouse belongs to the state MP Pramod Kumar. The white bolero vehicle with the number 2-03001-F 3097 in the name of his brother Pradeep Purgaon Municipality President was used in wildlife theft and smuggling.

The joint patrol team of Chaurveya Range Post and Nepali Army in the park area heard the sound of gunfire in the Jamunia river in the core area. Ashok Ram, the former warden of the park, said that the patrol team was shot at by a moving Bolero vehicle.

According to him, the tires of the vehicle were hit by bullets when the army team fired back. While chasing the vehicle, the patrol team found the vehicle punctured in Akuniya village with a dead body. During the patrol, the smugglers were arrested from the house located across the park. The smugglers were found to be living in the house with the goods and weapons as an organized poacher by making the house a shelter.

Zarayo's head with a lion and weapons were found in the farm house. The park's security team arrested 37-year-old Jhapas Das Tharu of Sakhuwaprasauni-1, 44-year-old Navraj Basnet, 46-year-old Vishal Sahni, 50-year-old Damodar Adhikari of Kavre Sanga 6, 52-year-old Mlang Dong Tamang of Dhading Gangajamuna Rural Municipality-2.

The arrested Vishal Sahni, known as Laxman Sahni, had previously been prosecuted for marijuana smuggling, while the officer is a former soldier of the Nepali Army . Based on the statement of the arrested, Nikunj took a statement from parliamentarians Jaiswal and Khadka and Purggaon Municipality Chairman Jaiswal.

Jhapas Tharu, Navraj Basnet, Vishal Sahni alias Laxman, Damodar Adhikari and Mlang Dong Tamang who were arrested at the scene were sentenced to 6 months imprisonment and a fine of 30,000 to 60,000. The defendants gave a statement that after hunting various wild animals, they cut the meat, skin, and cooked it in a drum and ate it. It is mentioned in the judgment that it was confirmed that Nilgai and Chital were hunted in the park area without permission.

Mlong Dong Tamang was sentenced to 30,000 fines and 6 months imprisonment after it was discovered that he had cut animal horns and chain necklaces on his mobile phone. Also, 1 lakh 44 thousand rupees recovered during the incident was revealed to be Tamang's, but it was decided not to confiscate it as there was no basis to confirm that it was related to the crime.

MP Jaiswal made a denial statement, was not present at the scene at the time of the incident, was not the owner of the farmhouse, and was cleared of the charges as there was no evidence of direct or indirect involvement in the reduction of the crime from the evidence attached to the missile. It is said in the verdict that Jaiswal is not the owner of the said farmhouse. However, the verdict is silent on who is the owner of the said farmhouse.

It is mentioned in the verdict that although the Bolero vehicle numbered P-2-03-001 f 3097 in the name of Jaiswal Enterprises, which is owned by Purgaon Municipality Chairman Jaiswal, was used in the incident, it was not confirmed that Jaiswal was a Matiar because Sulan Mia took it by agreement. "Since there is no proof that the vehicle was used in the driver's involvement, the defendant Pradeep Jaiswal, the vehicle owner, is expected to be cleared, so the Bolero vehicle will not be confiscated," the judgment said.

A Land Cruiser vehicle with the number BA5K 7805 registered in the name of Sanjiv Shahi was recovered from the scene. Shahi has given a statement that Mlangdong Tamang was allowed to use the vehicle according to the agreement. Since there was no evidence that the vehicle was used in the involvement of the driver, Shahi was cleared and the vehicle in his name was not confiscated.

Prakash KC has been fined 40,000 by the bench of the senior protection officer. The farm house where the incident took place was found to be connected to KC's house and KC's involvement was confirmed as Chittal's head with horns, ax and weapons were found buried in the farm house rented by him.

Although KC is said to have rented a farm house, it is not revealed in the judgment who is the owner of the farm house. Sulan Mian Ansari, who reached the farm house on the day of the incident and helped Kumar Lama and others involved in the incident, has been fined 40,000. Likewise, Bhola Bahadur Pun Magar, who gave the meat of Chital hunted by Navraj Basnet and Jhapas Das Tharu, has been fined 40,000.

Another member of parliament, Khadka, was not present at the scene, but a 12-bore weapon registered in his name was recovered. On January 29, 2079, a case of arms embezzlement was filed in Parsa court. It was decided by the district court on October 17, 2080 that Khadka would be acquitted in the arms embezzlement case. As Khadka gave a denial statement, was not arrested at the scene and his involvement could not be confirmed by any other evidence, it was decided that he would be cleared of the charges .

Defendant Vishal Sahni and Damodar Adhikari have been fined Rs 40,000 to Vikas Kumar Sahni, Rs 50,000 to Kumaradhwaj Lama and Rs 40,000 to Upendra Rai Yadav. It has been determined that the seized 6 mobiles, ax saws, batteries, laser lights, massage pens, JI lights, knives and other items mentioned in the seizure bond will be confiscated according to Section 28 of the National Parks and Wildlife Protection Act, 2029 .

In the detailed section of the decision, if you are not satisfied with the decision, it is said to appeal to the district court in Birgunj within 35 days, and inform the District Public Prosecutor's Office Parsa and the defendants about the decision along with the deadline for the appeal. However, even after 3 months of the decision, it has not been informed to the Public Prosecutor's Office. Sushil Devkota, the head of the public prosecutor's office, said that the decision of the case of illegally entering the park area and hunting wild animals was not properly received from the Parsa National Park Office.