The ministry and the commission have expressed different views on whether or not to take immediate action against those involved in criminal offenses.
What you should know
There has been a disagreement between the Ministry of Home Affairs and the Judicial Inquiry Commission regarding taking action against those involved in the human and material damage caused during the Gen-G protests. The ministry and the commission have come to different conclusions regarding whether or not to take immediate action against those involved in criminal offenses.
In a statement issued on Tuesday by Vigyanraj Sharma, a member of the commission led by former Special Court President Gauri Bahadur Karki, it was said that those involved in criminal offenses do not have to wait for the commission's report to be investigated and taken action through the government mechanism. The Home Ministry, on the other hand, had issued a statement on 29 Asoj, saying, "No immediate action will be taken through the regular government mechanism on matters falling within the commission's jurisdiction."
Home Minister Om Prakash Aryal had also instructed the Chief District Officers of all 77 districts not to arrest those participating in the Gen-G protest. After he gave such instructions, some people arrested by the police were released, saying that the commission was working on this.
"Some of those arrested on charges of involvement in looting and arson had to be released after the ministry's order," said a police officer working in the valley, "But now we are confused after the commission said that there would be no obstacle for the police to take action."
The commission has a mandate to receive and analyze information or applications related to physical and human damage and provide necessary opinions regarding action, and according to that, the government will act in accordance with the law after receiving the report with opinions, and the commission member Sharma also mentioned in the statement that attention has been drawn to the statement issued by the ministry on 9 Ashoja. ‘The two kinds of letters and instructions seem to confuse the police, but in fact, the commission of inquiry is formed to investigate matters that cannot be dealt with through regular procedures,’ said a former home secretary, ‘Therefore, as the commission has said, it is not a situation that will hinder the investigation into criminal matters.’
Former Additional Inspector General (AIG) of Nepal Police Rajendra Singh Bhandari says that the commission of inquiry will collect and analyze the facts seen on the surface and guide the way for the state and government. ‘Legal proceedings proceed only through the investigative process, which involves understanding and testing evidence, taking statements, etc., and then submitting a report with an opinion to the relevant body. This is a matter within the criminal justice system,’ he says, ‘That is why the commission of inquiry and investigation in criminal matters are different matters.’
Bhandari said that he found it strange that the circular was issued not to investigate except for heinous crimes, saying that the commission was investigating. ‘Based on that, some accused were released. That is not legal and the Nepal Police or the relevant investigating body is not obliged to follow such things.’ He said that the Home Ministry’s directive has created confusion.
Home Ministry officials say that the intention is to say not to arrest people based on their participation in the demonstration. “The ministry’s statement was interpreted differently. We were just trying to say that we should not rush into taking action against anyone who expresses anger after watching the CCTV footage,” said a ministry official. “We are just trying to say that we should not rush into looking at some of the activities carried out when Gen-G was angry against the government from the perspective of criminal offenses.”
At least 75 people were killed in the protests on 23-24 Bhadra. After the resignation of the then Prime Minister KP Sharma Oli on 24 Bhadra, a civilian government was formed under the leadership of former Chief Justice Sushila Karki on the proposal of Gen-G. The Karki-led cabinet had formed a commission under the leadership of former Justice Gauri Bahadur Karki to investigate the incidents of state repression and other incidents.
The Commission had written to the Ministries of Home Affairs and Foreign Affairs on 12 Ashoja to ban the foreign visits of then Prime Minister KP Sharma Oli, Home Minister Ramesh Lekhak, Home Secretary Gokarna Mani Duwadi, National Investigation Department Chief Hutaraj Thapa, and Chief District Officer Chhabi Rijal (Kathmandu). The Commission had also written to make arrangements to prevent them from leaving the Kathmandu Valley without the Commission's approval.
