The Act itself gives the commission, formed to investigate a matter of public importance, the power to take a statement from any person, order the production of documents, examine evidence, and obtain any document or copy thereof from any government or public office or court.
What you should know
Despite the widening gap between the commission formed to investigate the incidents of 23 and 24 Bhadra and the Nepal Police, a solution has emerged. The police have started providing details of the police officers deployed in the field during the Gen-G movement and the disturbances that occurred the following day.
The commission, which has the authority to investigate the errors, weaknesses, and vandalism, arson, and looting committed by the state during the protests, and to recommend action, had grown into a misunderstanding between the police headquarters and the police.
The commission had written a letter to the Inspector General of Police Secretariat in the second week of Asoj, seeking details of the police officers deployed in important structures in the capital, from Maitighar to Tinkune, to the Parliament Building, on 23 and 24 Bhadra. But the police had replied that all the police were deployed in the field in that difficult situation. Angry at this, the commission asked for an explanation, and the police have also sent the details.
Nepal Police Spokesperson Abinarayan Kafle says that it was not clear what to send in the previous letter sent by the commission. ‘We were not very clear at first, everyone from the IGP Saab to the IGP Saab is already deployed on duty, we had written and sent it accordingly,’ Kafle said, ‘However, after specific issues were asked again, we have sent a reply on Thursday.’
Senior police officers say that the details were not sent strategically as taking action against the employees deployed in the field would further demoralize them. ‘That day, every police employee was deployed to prevent arson and vandalism, the IGP Saab himself had gone out to the field,’ a senior officer said, ‘Even those deployed outside Kathmandu were concentrated in Baneshwor. Therefore, it was not appropriate to give details of only those in charge.’
The law itself gives the commission, formed to investigate any matter of public importance, the power to take a statement from any person, order the production of documents, examine evidence, and extract any document or its copy from any government or public office or court. ‘The commission calls for a statement to understand the truth about the incident, and calling him does not mean that he is guilty,’ says former Additional Inspector General of Police (AIG) Uttamraj Subedi, who has also served on the inquiry commission. ‘In that, there is no need to present him as an accused while investigating the incident site, questioning witnesses, questioning the commanders of that day about how the situation deteriorated, what happened.’
Subedi also has experience of giving a statement while in the police service. ‘During the statement, I was asked what happened in the field, and later the commission made a kind of recommendation,’ Subedi recalled, ‘There is no need to be afraid if the empowered commission tries to ask something.’
Senior police officers, however, say that the reason behind the commission’s suspicions is not just about taking a statement. “While the investigation is ongoing, the commission officials are repeatedly making public statements that the police committed serious mistakes, which clearly shows their intentions and understanding,” said a senior police officer. “They have already declared that the police committed negligence and that leaving their weapons behind was a serious mistake. It is not wrong for a police officer to be suspicious in such a situation.”
A police officer says that if the commission takes further action against the police who were targeted by the protesters during the protest, the morale of the police will decrease further. “Everyone is talking about security challenges in the elections, weapons are out, and a campaign is underway to catch even escaped prisoners,” he says. “How can there be elections in a situation that further demoralizes the police?”
Former Home Ministry Secretary Umesh Prasad Mainali, on the other hand, says that the commission and the police should move forward in a balanced manner. "The Nepal Police should also cooperate with the commission. The commission should also investigate the incidents of police brutality during the protests," he says. "It can only work when there is a balance between the two. Nothing will happen if the two sides complain to each other."
Stating that Inspector General of Police Khapung said that no one ordered the firing, but that the incident was caused by circumstances, Mainali says, "The Essential Commodities Protection Act has also given some authority to the police. In such a situation, under what circumstances did the firing take place? Was the minimum force used according to the prevailing act? These are the main questions that the commission should investigate." He reminded that the Essential Commodities Protection Act, 2012, gives the authority to police officers of the rank of junior officer to fire. "But the commission should look closely at whether there was a situation to fire," he added.
According to the report of the investigation committee led by Deputy Inspector General of Police (DIG) Deepak Regmi, prepared by the Police Headquarters for internal purposes, 4,24 'live ammunition' (metallic bullets) were fired across the country on 23 and 24 Bhadra. The report states that the team deployed from the Police Headquarters alone fired 553, 1,993 in the Kathmandu Valley, 299 in Koshi Province, 639 in Madhesh Province, 16 in Bagmati, 44 in Gandaki, 170 in Lumbini, 2 in Karnali and 307 in Sudurpaschim.
Members of the inquiry commission have also visited the provinces for on-site studies. "We have obtained all the details from the police, we can only say after the investigation whether there was a situation where such a shot was fired," says a member of the commission, "In addition, the issue of dropping weapons and other weaknesses naturally falls under the investigation of the commission."
According to the chairman of the commission, Gauri Bahadur Karki, preparations are underway to take statements from soldiers deployed in the field to the IGP to reach a conclusion about the incidents of 23 and 24 Bhadra. "The commission has three months, now that a month has passed, statements will be taken in a hurry, the law does not exempt anyone," Karki told Kantipur. He said that some officers of the Nepal Police, Armed Police Force, National Investigation Department and even the Nepal Army will be questioned.
The commission has already started taking statements from the police deployed in the field in the first phase. The Commission recorded statements on Friday from DSP Eliza Giri, who was deployed as the commander of the Parliament building in New Baneshwor on the first day of the Gen-G movement, and DSP Madhu Kumar Thapa of Kalimati Circle, who was deployed in the field. The Commission had asked Giri about how the protesters entered the Parliament building on 23 Bhadra and how the shooting took place. He has also been asked whether the order to open fire was given.
The Commission has also recorded the statement of Deputy Superintendent of Police (DSP) Sundar Tiwari, who was the field commander of the District Police Complex, Kathmandu during the movement. He was also the field commander during the royalist movement in Chaitra last year. SP Apilraj Bohora, who was then in the Kathmandu Police Complex, has also been called for a statement. After him, preparations are underway to record the statements of the then Kathmandu Police Chief SSP Bishwa Adhikari, DIG Om Rana, who was the acting chief of the Valley Police on 23 Bhadra, and AIG Dan Bahadur Karki, who took charge of the Valley Police on 24 Bhadra. The commission has stated that it will also question Inspector General of Police Khapung after taking their statements.
The commission has stated that it is preparing to question the National Security Council members and Chief District Officers. Finally, it is preparing to take the statements of the then Home Secretary Gokarna Mani Duwadi, the then Home Minister Ramesh Lekhak and the then Prime Minister KP Sharma Oli. The commission has informed that the concerned will also be questioned about the damage to government property.
The commission had started the investigation from Nakkhu Prison. The commission had called the prison chief Satyaraj Joshi and asked him how the prisoners escaped on 24 Bhadra. It was also asked how the situation of RSP President Ravi Lamichhane's release from prison came about. The commission had also asked Joshi whether a letter had been written to get Lamichhane out. Later, Lamichhane's statement was also taken.
According to an official of the commission, prison chief Joshi has given a statement that there have been attempts at vandalism and arson in Nakkhu prison since the morning of 24 Bhadra and that the situation has become out of control due to restraint. Commission chief Karki said that statements have been taken to find out what and how the incidents of 23 and 24 Bhadra took place. ‘We are preparing to take everyone’s statements, but it is only a matter of time before their turn comes,’ he added, ‘The commission has only 3 months. The report should be written within that time, we are moving forward considering all aspects.’
