Two decades of successful people's movement: The people's victory is unwavering, the fight against trends continues

The Rayamazhi Commission, formed to investigate the suppression of the 2062/63 public movement, recommended that even after making a law, the king should also be prosecuted.

वैशाख ११, २०८२

घनश्याम खड्का

Two decades of successful people's movement: The people's victory is unwavering, the fight against trends continues

On New Year's Eve, former King Gyanendra Shah released a video message of political ambitions, in which he clearly expressed his desire to become the Gaddin Sin again. Along with this, he also said that he was saddened by the violence, arson and vandalism that happened on 15 Chait during the Rajawadi demonstration.

Shah, who is saddened by the triple incident of human and material loss, is the same person, who carried out extensive repression in the second people's movement to maintain power. He was also the Chairman of the Council of Ministers at that time. After the people's movement succeeded in investigating the state's repression, human rights violations and exploitation of resources 

The government formed an inquiry commission. A five-member commission led by former Supreme Court judge Krishnajang Rayamazhi had issued a letter to the then King Shah to appear for questioning. 

Shah did not go to testify but the commission found him guilty in the incident. 

The Rayamazhi Commission had recommended action against 201 people including the then Vice-Chairman Talusi Giri, Home Minister Kamal Thapa, Chief Secretary Lokmansingh Karki, Army Commander Pyarjung Thapa, Law Minister Niranjan Thapa, Inspector General of Armed Police Vasudev Oli, Inspector General of Police Shyam Bhakt Thapa, Rathi Rukmangad Katwal and more than four dozen chief district officers and regional administrators. But the government neither published the report nor took action against anyone.

The Girija Prasad Koirala-led government formed on 19 Baisakh 2063 after the success of the public movement formed a commission under the leadership of Rayamazhi on 22 Baisakh. Ram Prasad Shrestha, Ramkumar Shrestha, Harihar Virhi and Kiran Shrestha were members of the commission. 

According to senior advocate Ram Prasad Shrestha, a member of the commission, when forming the commission, Rayamazhi had given the then Prime Minister Girija Prasad Koirala a condition that he would not take responsibility if the report was not implemented. "After the Prime Minister promised 100 percent implementation, he was ready to chair a high-level commission with a powerful mandate, but the report was not implemented," says Shrestha, "If the report had been implemented, this situation would not have come to this." "During that period, we called more than 2,000 people and interrogated them. We wrote to the then king Gyanendra twice to give a statement for questioning. We also called the commander-in-chief Pyarjung Thapa," said senior advocate Shrestha. was included. The report pointed out that Shah, as the head of the cabinet, was responsible for the repression of the people's movement, human rights violations and exploitation of state resources. Commission Chairman Rayamazhi recommended that since there is no provision for taking action against the king in the existing law, a law should be made to take action. Harihar Virhi and Ram Prasad Shrestha supported Rayamazhi. Another Ramkumar Shrestha and Kiran Shrestha disagreed and refused to sign.  According to

experts, the palace tried to influence the members of the commission so that they could not make the report public. The Aayog submitted a report of 1400 pages to the then Prime Minister Koirala on 2nd November 2063. But after the report itself was not made public, senior advocate Chandrakant Gyawali filed a petition in the Supreme Court against the then Prime Minister Koirala and Home Minister KP Sharma Oli saying that the report should be made public. "After the bench of Judges Kalyan Shrestha and Ramkumar Prasad Sah issued an injunction and asked for the report to be made public, the government kept it in the library at Singha Durbar of Parliament," Gyawali said. 

Two decades of successful people's movement: The people's victory is unwavering, the fight against trends continues Lokmansingh Karki, the chief secretary of the People's Movement, was made the head of the Abuse of Authority Investigation Commission on 25 Baisakh 2070. Advocate Omprakash Aryal filed a writ based on the Rayamazhi Commission's report. He claimed that the appointment of Karki, who was found guilty by Rayamazhi Commission, was unconstitutional. "At that time, I went to the library of the Parliament and took out the commission's recommendation and his guilt about Karki," says Aryal, "and included those points in the writ and submitted it to the Supreme Court." Girish Chandra Lal, another former judge of the Supreme Court, says that there is an old problem of forming

commissions but not implementing their reports. "The government formed a commission under my chairmanship to study the repression of the Madhesh movement, I also gave a 700-page report, but it was not implemented and it was not made public," he says. His analysis is that because impunity has been tolerated by not implementing the reports of the previous commissions, the monarchy has now been strengthened on the streets. 

Even in Kamal Thapa Republic, which was recommended action by Rayamazhi Commission, Congress Chairman Sher Bahadur Deuba, UML Chairman KP Sharma Oli and Maoist Chairman Pushpa Kamal Dahal were the Deputy Prime Minister and Foreign Minister when they were the Prime Minister. Other monarchists also became ministers and deputy prime ministers in the meantime. 

 The commission was also formed to investigate the suppression of the 2046 people's movement. The commission formed under the chairmanship of former judge Janardan Lal Mallik recommended action against the then prime ministers Lokendra Bahadur Chand, Marichman Singh, former prime minister Surya Bahadur Thapa, head of the Panchayat Investigation Commission Navraj Subedi, minister Kamal Thapa, Saratsingh Bhandari, Pashupatishamsher Jabara. 

But none of them were prosecuted. On the contrary, Chand and Thapa were made Prime Ministers by UML and Congress. Bhandari and other leaders became ministers several times. Navraj Subedi has now been appointed as the chairman of the People's Movement Committee announced by Rajawadi. The same committee's protest at Tinkune on 15 Chait turned violent. 

According to senior advocate Raju Chapagain, if the Mallik Commission had been implemented, then the king would not have had a basis to dissolve the parliament and take power in his hands. "If the Rayamazhi commission had been implemented, neither the state would have been able to carry out the 15th Chait movement by strengthening the royalists, nor would the state have been able to use force in this way," he says, "the culture of impunity would have been removed when those who used force were prosecuted."

What did the Rayamazhi commission say? 

The first page of the commission's opinion and judgment section mentions what kind of people were involved in the suppression of peaceful protests after January 19, 2061, before giving details of those who were found guilty. 

The Rayamazhi Commission concluded that there is no adequate legal system to take proper action against the then members of the Council of Ministers, political appointees and retired persons of various high positions in the national service who were held responsible for repression, excesses and abuse of power, power and position and human rights violations.

"In order to prevent the creation of a situation of impunity in which some of those responsible for such crimes are prosecuted and no one is, it is necessary to immediately enact the necessary laws and take appropriate action against the culprits in order to prevent the creation of a situation of impunity and the destruction of the freedom provided by the constitution, the prevalent principles of human rights and the democratic system in the future," the commission said. 

The commission suggested that in the law making such a law, 'there should be a legal system with provisions such as suppression of peaceful people's movement, excesses and abuse of power, abuse of power and power, and human rights violations, especially political appointees, in addition to other penal systems, with provisions such as not being able to achieve important public responsibilities related to power and power for a certain period of time in the future. 

The commission referred to the then king as 'the then chairman of the cabinet'. "There was no legal system to punish the king for repression, so it was recommended to make a law so that no one would be punished," says senior advocate Shrestha, a member of the commission, "but no action was taken."

then cabinet members

1. Tulsi Giri, 2. Kirtinidhi Bishta, 3. Kamal Thapa, 4. Badri Prasad Mandal, 5. Niranjan Thapa, 6. Salim Mian Ansari, 7. Dan Bahadur Shahi, 8. Rameshnath Pandey, 9. Radhakrishna Mainali, 10. Tank Dhakal 11. Khadga Bahadur GC, 12. Prakash Koirala, 13. Keshar Bahadur Bista, 14. Buddhiraj Vajracharya, 15. Wise Tamang, 16. Narayan Singh Pun, 17. Madhukarshamsher Jabra, 18. Krishnalal Thakali, 19. Durga Shrestha, 20. Ram Narayan Singh, 21. Srishashamsher Rana, 22. Roopjyoti, 23. Mani Lama, 24. Durga Pokharel, 25. Rabindra Khanal, 26. Brijesh Kumar Gupta, 27. Yangkila Sherpa, 28. Roshan Karki, 29. Rajeshkaji Shrestha, 30. Bhuvan Pathak, 31. Sonelal Yadav, 32. Senate Superior, 33. Jagat Gauchan, 34. Nikshashamsher Rana

The then Regional Administrators 

35. Jagdish Khadka, 36. Ravindra Chakraborty, 37. Sector Vikram Shah, 38. Mrigendra Kumar Singh Yadav, 39. Ganesh Sherchan  

The then zonal administrators

40. Shyam Kishore Singh, 41. Ran Bahadur Chand, 42. Ramkumar Subba, 43. Janak Junglee, 44. Prajapati Koirala, 45. Shekhar Gurung, 46. Kumar Bahadur Karki, 47. Ramji Bista, 48. Ramakrishna Pant, 49. Lalit Bahadur Thapa Magar, 50. Meen Bahadur Pal, 51. Karna Bahadur Dhimal, 52. Mahendraman distressed 

Dissolved Raj Parishad Standing Committee

53. Chairman Parshun Narayan Chaudhary, 54. Member Satchitshamsher Jabra 

Other officials

55. Pyarjung Thapa, 56. Bharatkeshar Singh, 57. Vikram Bahadur Thapa, 58. Rajaram Shrestha, 59. Dhruva Maharjan, 60. Bachuram Shrestha, 61. Sushil Chaugain, 62. Premlal Maharjan, 63. Deepak Vikram Rana, 64. Devi Ram Sharma, 65. Keshavraj Rajbhandari

Convicted of 'loss of wealth, misuse of position and violation of human rights' - 25 people

More repressed from 24 districts including Jhapa, Udaipur, Sarlahi, Bara, Chitwan, Dolakha, Kavre, Kathmandu, Lalitpur, Dhading, Lamjung, Kaski, Rupandehi, Dadeldhura, Kanchanpur, Doti, Kailali, Bardia, Dailekh, Banke Chief Officer, Army, Nepal Police and Armed Police

घनश्याम खड्का खड्का दुई दशकभन्दा बढीदेखि पत्रकारिता गरिरहेका छन् । उनी कान्तिपुरमा कानुन, न्याय, मानवअधिकार लागयतका बिटमा लेख्छन् ।

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