The two ministers who came in contact with Kantipur on Thursday evening said, ”The complaint against the then prime minister and the home minister will proceed, the government will act according to the existing laws and the sentiments of the Gen-G movement.”
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The investigation commission has turned the allegations against the then Prime Minister KP Sharma Oli, Home Minister Ramesh Utkar and others for suppressing Gen-G protesters to the police. As the security chiefs are advising the government to proceed with restraint, the issue of how the denunciation process will proceed has become complicated.
The complaint against him and others was returned to the police on the same day that Oli commented that the commission formed to investigate the incidents of 23 and 24 August was 'fake'. The families of the deceased of the movement and Gen-G activist Sudan Gurung Oli and the writer reached the Kathmandu District Police Complex on October 20 with a complaint.
On Monday evening in the discussion held at Singhdarbar and at night in Baluwatar, after the heads of the security agencies analyzed the possibility of an encounter situation if Oli, the author and others were immediately arrested, an agreement was reached to send the complaint to the commission. Accordingly, the complaint sent by the police to the commission has been returned.
Vigyanraj Sharma, a member of the investigation commission led by former judge Gauri Bahadur Karki, said that the complaint was sent back because the task of conducting a detailed investigation into the criminal case and even prosecution was not within the scope of the commission. "The law has authorized those involved in criminal offenses to be investigated and prosecuted by government mechanisms," he said, "so we have returned the complaint to the police."
After the complaint was returned by the Commission, the question is whether the action against former Prime Minister Oli, former Home Minister Akhtar and others will proceed immediately or not. But since the heads of the security agencies suggested Prime Minister Sushila Karki and Home Minister Omprakash Aryal to proceed with restraint in the discussion last Monday, the issue of how the process of denunciation will proceed has come to the center again.
On the other hand, UML's fraternal organization Aneraswaviyu has also filed a 'counter' complaint against Kathmandu Mayor Balen Shah and Sudan Gurung of 'Hami Nepal', so there is a risk of causing more tension.
After a group including Sudan Gurung reached the police office with a complaint and started campaigning on social media with the hashtags 'Arrest KP Oli', 'Arrest Ramesh Author', there was a discussion between Home Minister Omprakash Aryal, Inspector General of Nepal Police Chandrakuver Khapung and Inspector General of Armed Police Raju Aryal at Singhdarbar on Monday at 6 pm. At that time, the security officials analyzed that if Oli and the writer were arrested immediately, there would be more confrontations.
Home Minister Aryal reached Baluwatar along with Home Secretary Rameshwar Dangal, IGP Khapung and Aryal to meet Prime Minister Karki at 10 pm. Chief of Army Staff Ashokraj Sigdel and Chief of National Investigation Department Tekendra Karki were also called there. In the meeting which lasted for about 5 hours, Prime Minister Karki asked the security chiefs whether they could be arrested within the legal framework or not. An official who participated in the meeting said, "The Prime Minister asked what the alternatives were, despite the ultimatum given by Gen-G to arrest him, and the pressure of Kathmandu Mayor Balendra Shah, but almost everyone answered that there should be no rush to arrest him." However, Prime Minister Karki has continued to consult on whether to wait for the report of the commission of inquiry.
After the discussions, the government is in favor of bringing Oli and the writer to court immediately. The two ministers who came in contact with Kantipur on Thursday evening said, "The complaint against the former prime minister and the former home minister will proceed. The government works according to prevailing laws and the spirit of the Gen-G movement. This is all that can be said at the moment. In the internal meeting, Home Minister Aryal also said that the pressure of the victim's family and Gen-G has increased and that it should be included in the 'Legal Framework' (legal arrangements).
Prime Minister Karki and Home Minister Aryal are on the side of doing something to convey the message as per the demand of Jen-ji. An official of the Prime Minister's Office said, "There is no position to wait for the report of the commission to come and do something."
The security officials had taken a stand not to go there, saying that the parties might protest and it might bring more security challenges when the date of the election has been announced and the commission of inquiry has not given a report. When they stood in favor of not filing a complaint against Oli, the writer, etc., a middle way was taken to send the complaint to the commission.
"After the question was raised about the presence of Sudan Gurung, the victim's family came immediately with a complaint and an agreement was reached that the police would understand and submit it to the commission of inquiry," an official said, "The next day, the victim's family reached the police complex in Bhadrakali and filed a complaint against Oli and the writer for crimes against humanity and the state." The police sent the complaint to the commission.
In the meantime, Kathmandu Police Chief Senior Superintendent of Police (SSP) Ramesh Thapa says that discussions are still pending on how to proceed after the commission sends back the complaint. "The subject of prosecution is also connected with the public prosecutor, so we will consult with them and take an appropriate decision," he told Kantipur.
According to the analysis of the security officials, the election scheduled to be held on February 21 may be affected if the arrest is made in accordance with the order. "Parties should not show their support for holding elections, but now the confidence of the parties is increasing," said a security officer, "Government should move forward to handle the situation in a situation where everyone is getting organized." In the analysis of the Nepali Army and Armed Police Force, efforts are also being made to disrupt religious harmony in the current fluid situation.
On the 23rd of August, 21 people lost their lives when the state suppressed the Jen-G movement, and a large number of people took to the streets the next day. After the situation went out of control, the chiefs of the security agencies, including Chief of Army Staff Ashokraj Sigdel, suggested that it would be appropriate to pave the way for Oli. After that, Oli resigned and went to the military barracks. In two days, at least 75 people lost their lives and hundreds were injured. The families of the dead and injured are increasing pressure on the then Prime Minister Oli and the Home Minister, saying that action should be taken.
Senior advocate Satishkrishna Kharel, an expert in criminal law, says that the police can proceed with the complaint if they want, but looking at the past history, there is no basis for pursuing a criminal case. "It seems that it should be distinguished whether it is a matter of moral responsibility or a matter of criminal prosecution," he said.
A head of the security agency said that if the police proceed after filing a complaint, tomorrow there may be a situation where they will have to investigate themselves and it will spoil the overall situation of the country. "The employees have obeyed the orders of the state, the complaint has come against the then chief district officer Chabilal Rizal," he said, "There may be a risk of rebellion within the police if we go on the path of investigation even against the officers who fired the shots."
After the crackdown on the 23 August Gen-G movement, even the police officers were targeted by the protesters. Police Assistant Inspector Milan Rai, Police Constable Uttam Thapa and Amrit Gurung lost their lives due to the beating of protesters in Kathmandu. In some places, the policemen were made to take off their clothes and the scenes of them being chased even while going to the river went viral on social media. If the complaint is filed and the investigation is carried out tomorrow, there may be pressure to investigate against the police. Therefore, it is necessary to distinguish between moral and criminal matters, said the security officer.
KP Sharma Oli, who was rescued by a military helicopter after resigning as Prime Minister after the outbreak of Gen-G rebellion, has recently been making strong statements against the interim government. The analysis of the security officers is that his expression is provocative.
Home Minister Omprakash Aryal on Thursday afternoon called Nepal Police Chief Khapung, Armed Police Chief Aryal and representatives of the Nepali Army for a discussion. "During that, the statement given by UML leader Mahesh Basnet was also discussed," said an official who participated in the meeting.
In a program organized by UML in Gundu on Thursday, Oli commented that the government has made a joke of the ban imposed on his foreign visit. Is KP Oli running away because of Susheela Karki? What have you thought?' He said, 'How many of you have heard the name of the current Home Minister? I haven't even heard the name of Home Minister.'' He called Aryal as 'Home Minister Babu' and told him not to get too excited, not to shine and not to take care.
