Government orders the police not to investigate vandalism and arson, protests everywhere

The police arrested 41 people involved in the vandalism and arson of structures including Singha Durbar, 32 people have been released due to the intervention of the government.

आश्विन १३, २०८२

दुर्गा दुलाल

Government orders the police not to investigate vandalism and arson, protests everywhere

The directive given by the government through the Ministry of Home Affairs to the police not to investigate the Gen-G movement has been dragged into controversy. Constitutionalists and rights activists have objected to the government's decision saying that it encourages impunity and protects those involved in criminal activities.

The government through the Ministry of Home Affairs issued a controversial statement on October 9, the same day that the inquiry commission led by the former chairman of the special court, Gauri Bahadur Karki, started its work.

Constitutionalists and rights activists have also demanded that the decision of the government should be returned, saying that the acts of vandalism, arson and destruction on August 24 and taking the law into their own hands are being tried to escape from the scope of action. 

"Since the Commission has the mandate to receive and analyze information or petitions related to physical and human damage and to give necessary opinions regarding the action, after receiving the report with opinion from the Commission in accordance with that mandate, the Government of Nepal will do so in accordance with the law," the statement of the Home said, "Therefore, no immediate action will be taken by the regular mechanism of the government on matters that are within the jurisdiction of the Commission, but everyone is informed that action will be taken in accordance with the law for illegal activities."

The various information of the ministry has caused confusion and pressure has come from the ministry to release the persons involved in vandalism and arson after the arrest.

The police arrested 41 people involved in the vandalism and arson of the main administrative building and various police offices at Sinha Darbar. So far 32 of them have escaped. Some involved in police killings and others involved in vandalism have been tried against 9 people with an extension of time. They are in the custody of district police at Bhadrakali. 

Nepal Bar Association, the umbrella organization of legal practitioners, has expressed serious objection to the statement of the House. Bar has taken serious note of the statement issued by the Ministry of Home Affairs on October 9, said the statement issued by Bar General Secretary Kedar Koirala

"The ministry's statement shows clear signs of seriously weakening the criminal justice system, encouraging impunity and further condoning violence," the statement said.

According to the bar, the information from the home administration to stop the investigation of the criminal activities planned by the interest groups during the demonstration of Gen-G generation is against the provisions of the Civil Code 2074 and the Civil Criminal Procedure Code 2074.

The bar strongly demanded the ministry to correct the erroneous decision and take immediate steps to prevent impunity. "For the guarantee of the rule of law and the protection of citizens' lives and property, we also alert all relevant agencies to immediately take legal action against anyone involved in illegal activities," the bar said.

Questioning the government's decision, senior advocate Bhimarjun Acharya says that it seems that they are trying to cover up the criminal incident.

'It is not appropriate to say that no action will be taken against the person involved in the crime by showing the reason for the formation of the commission, it seems as if it is trying to cover up the incident,' says constitutionalist Acharya, 'The report of the commission may be useful to some extent in the incident of 23 August, but it cannot help anything for the incident of 24 August. It is not right to make an excuse for the commission instead of taking action according to the existing laws for actions like arson and looting.

He says that the protection of the lives, lives and property of its citizens is the first responsibility of the state and the state cannot compromise on this. "One must feel that the state is worth living in," says Acharya.

Constitutionalist Bipin Adhikari says that the government should increase the morale of the police and bring anyone who is involved in illegal activities to justice. "Government can't say that it will save someone or not investigate, and in the present situation, it should not do such a thing anymore, it should be fair and let the police investigate," the officer says, "There is a movement now because there was impunity in the past, but this should not happen now, the civilian government cannot compromise with anyone when it comes to implementing the 'Rule of Law.'"  He says that the

commission and the police should work within their respective jurisdictions. "Like in the past conflict, this time, by forming a commission, only those guilty who try to suppress the movement will be prosecuted, but nothing will happen to those who commit criminal activities," he says. The statement issued by the Ministry of Home Affairs is completely wrong. It is sad that such a decision has been made when the person who stands with us in the field of human rights is the Home Minister," he says. "He himself is a person who advocates against impunity. Mandated and regular criminal investigation received by the Karki Commission are different.

The commission will give a report after the investigation, but the police should not be stopped from working based on the evidence received immediately, he said. Prasain says that by doing this, the act of giving immunity to criminals is done. The Home Minister himself has worked in the field of human rights, such a decision would surely be correct from a person who understands the principles and jurisprudence of human rights. "This statement should be revoked, no one can be given immunity based on the immediate evidence," he says, "We protested that yesterday's government increased impunity, now the civilian government should not continue the same."

Former DIG Hemant Malla Thakuri says that such a decision is wrong when the morale of the police has dropped and the offices have been burnt down and weapons have also been lost. Such decisions increase impunity. Crime should be controlled, people who escaped from prison should be found,' he says, 'The commission works as a whole, but there should be no delay in prosecuting those who commit acts of vandalism and taking the law into their hands.' 

He suggested that the police should be allowed to work as the commission cannot work in all cases. "The first step is to establish a legal state, and the commissions should also be looked at," he says, "otherwise the security risks will increase and impunity will increase and there will be a big challenge to maintain peace and security." 

Gauri Bahadur Karki, the chairman of the commission of inquiry formed by the government, says that he cannot comment on the Ministry of Home Affairs or others. He says that the commission has worked according to the specific mandate and cannot deviate from that mandate.

He said that since the time is only three months, the investigation will not be focused on all the incidents and he will study the pattern and make suggestions. "If the commission is given the task of investigating the incidents of 23 and 24 August one by one, there will not be enough time, so it will be studied as a whole," he says. UML has also objected to the statement issued by

house. The secretariat meeting of UML held on Sunday stated that the party has objected to this by saying that the house sent a letter to the police not to take action against those involved in the demolition. 

 Home Minister Omprakash Aryal claims that the ministry did not intervene to ask the police not to investigate or take action. "Home will not intervene to prosecute anyone who is involved in illegal activities in the name of agitation and who takes the law into their own hands," says Minister Aryal. The police should do their regular work. There is no interference from anywhere.' 

Police spokesperson DIG Vinod Ghimire asserts that the involvement of the crime and the investigation of the person involved in the criminal incident will not be hindered by this or that. They say that the police will continue their work regularly and there is no need to dispute or doubt it.

'Police's weapons have been stolen, vandalism has been created inside the jail, the accused has escaped from custody, is it possible that the police will not arrest such a person?', says Ghimire, 'The police continue their work in the investigation of incidents related to criminal offences, in criminal incidents the police do not know what Gen-G or any other movement is, action is taken.'

दुर्गा दुलाल दुर्गा दुलाल कान्तिपरका पत्रकार हुन् । उनी कानून, न्याय र संवैधानिक मामिलाबारे रिपोर्टिङ गर्छन् ।

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