Police have resumed their investigation into the murder of 27 people in Gaur, Rautahat, after 19 years.

The Rautahat police began the investigation after receiving the full text of the order issued by the Supreme Court on 20 December. Although a complaint was filed immediately after the incident, the investigation was stopped due to an 'agreement' between the Maoists, the then Madhesi People's Rights Forum and the government.

After repeatedly pleading with the Prime Minister, ministers, and others, as well as holding sit-ins and rallies to exert pressure, the victim filed a writ petition on 18 Jestha 2080. Hearing it, a joint bench of Justices Til Prasad Shrestha and Nityanand Pandey issued a warrant to immediately proceed with the investigation on 2 Bhadra. Four months later, the police received the full text of the warrant.

The district police has been taking statements from the victim's family since 15 December. They are preparing to take additional complaints and statements from the deceased's family and the injured. 

Although 7 people filed a complaint regarding the incident of 20 Chaitra 2063 on 28 Baisakh 2064, Tribhuvan Sah of Boudhimai-8 was the only victim (injured). The complainants are Badha Mukhiya, Rajdev Singh, Jayaram Yadav, Ramnanda Prasad, Jayaprakash Sah and Devendra Patel, leaders and activists associated with the then Maoist mass organization Madhesi Rashtriya Mukti Morcha and YCL.

District Police Chief SP Rabin Karki informed that preparations are underway to bring in a team from the Central Investigation Bureau (CIB) of the police for an effective investigation as the incident is very old. The district police has sought the help of the CIB as political party leaders are also involved in this incident. ‘The investigation has started at a rapid pace from our side. Statement taking and interrogation are underway,’ he said.

Gaur incident: Full text of the Supreme Court's verdict made public, will there be an investigation against Upendra Yadav?

The then SP (currently DIG of CIB) Bhupendra Khatri had started studying the file of the Gaur incident in Bhadra 2076 when he was the head of the Rautahat District Police. After completing the investigation of the Rajpur bomb blast involving Congress leader and former minister Mohammad Aftab Alam, he had discussed with his team the issue of expanding the investigation of the Gaur incident. But he was transferred without progressing in the investigation. After that, the investigation remained on hold.

After the investigation stalled, Tribhuvan Sah, Rupsagar Upadhyay, Rupaiya Khatun and Vikram Patel had approached the Supreme Court. They had filed a writ petition demanding that those involved in the Gaur murder case be brought under the purview of investigation and action. The Supreme Court had said that it is the legal duty of the Police Office to proceed with the investigation and investigation as per the law after registering the complaint application during the mandate.

The Supreme Court had also questioned the arbitrary role of the police, saying that making the registration of complaints and investigation optional by the police would erode the victim's right to information and justice. Two months ago, a torchlight procession was taken out in Gaur, the district headquarters, alleging that names were included in the complaint to seek political revenge after the court's order.

What happened in the Gaur massacre 18 years ago?

JSP Nepal (then Madhesi Janadhikar Forum) Chairman Upendra Yadav, former Constituent Assembly member Baban Singh, former Provincial Assembly member Babulal Sah and Kishori Ray Yadav are accused in the Gaur incident. Similarly, others named in the complaint include civil society president Jagannath Keshari, UML central member and former mayor Ajay Gupta, another former mayor Gauri Shankar Yadav, former judge Baliram Singh Kunwar, former city council president Chandrika Singh, and central member of LSP Anil Singh.

Among the accused, former judge Kunwar, a native of Brahmapuri, former mayor of Gaur Municipality Gauri Shankar Yadav, and former city council president Chandrika Singh, a native of Saruatha, have died. Victim Tribhuvan Sah said that he has hope of getting justice after the Supreme Court's order. 'If there is no more trouble, the investigation will intensify, and if the police complete the investigation with a clear intention, I believe that justice will be served,' he said.

Gaur incident Tribhuvan had suffered injuries to his back and legs. He had escaped and saved his life when bamboo poles were raining down on him. He went straight to Gaur Hospital and received treatment. 'We had filed a complaint with the police immediately after the incident. After the investigation was not allowed under the guise of power and authority, we repeatedly went to the capital and district headquarters, staged sit-ins, and took out processions, but no one listened,' said Sah, 'after nothing happened, we went to the Supreme Court. After the injunction, we feel that the door of justice has opened.' 

Rupsagar Upadhyay, the wife of Naradheshwor Upadhyay of Boudhimai-8, who lost his life in the Gaur incident, also said that she has regained hope of getting justice. She is also the coordinator of the 'Gaur Murder Struggle Committee'. 

The victim's family has portrayed the then Madhesi Janadhikar Forum chairman Yadav as the main culprit in the Gaur incident. He is a leader who has been a minister and deputy prime minister several times. The study report of the National Human Rights Commission also held that the behavior of the Forum cadres was responsible for so much damage in the clash between the then Maoists and Forum cadres.

JSP Nepal chairman Yadav raises questions about re-investigating an incident that has already been investigated. ‘International human rights organizations have also investigated the Gaur incident. The police will investigate again! This is also strange, I am not able to understand,’ he told Kantipur, ‘But I will still cooperate in the investigation.’

Chairman Yadav said that he did not go to Rautahat on the day of the incident. He said that he was in Kathmandu that day. He claimed that the accident occurred when Maoist guerrillas attacked the then Madhesi Janadhikar Forum. ‘That was an unfortunate incident. I am not involved in it,’ he added.

Police Headquarters spokesperson Deputy Inspector General of Police (AIG) Abinarayan Kafle said that he would speak about the investigation into the Gaur incident only after studying the full text of the Supreme Court’s order. ‘After the incident, the police will act according to the investigation and the law,’ he said, ‘What happened then, what was different, I will only say after looking at the full text.’ 

This is how the Gaur incident happened

On 7 Chaitra 2063, the then Madhesi Janadhikar Forum organized a public meeting at Rice Mills Chaur in Gaur. The then Maoist-affiliated Madhesi National Liberation Front had also held a program at the same place. Both parties had set up a stage 100 meters apart for the program. The then Forum had set up a stage in the southern corner of the field and the Maoists had set up a stage in the northern corner the day before.

Before the program, when both parties started campaigning, locals had expected a clash. Although the local administration and police requested to stop the program at the same place, both parties did not agree. The then Maoist was in favor of not allowing the Forum to hold the meeting, the Forum was adamant that the meeting should be held.

At 11 am on 7 Chaitra, the Forum's procession reached the program venue after going around the city. Bamboo pharatas (bhat) were seen in the hands of the Forum cadres during the procession. In the afternoon, the Maoists also started a rally from the city pharata. Both parties had brought cadres from villages for the program. The then Forum had invited Chairman Upendra Yadav as the chief guest. The Maoist program was led by the then district in-charge Prabhu Sah. But both leaders did not come to the stage.

When the then Maoist leaders and activists went on a city tour, the Forum cadres started vandalizing and setting fire to their stage. At that moment, the Maoist YCL group entered the ground. Seeing their stage destroyed, they also attacked the Forum cadres in an aggressive manner. There was a clash of sticks, sticks and bullets from both sides.

There were only 10 policemen deployed under the command of the SAI at the meeting. The police could not bring the situation under control. As the Maoist cadres fled, the Forum cadres who were waiting for the gounda (batta) attacked them with bamboo sticks. The bodies of the deceased were thrown into the drain. The Forum cadres also tried to attack the injured who were taken to Gaur Hospital. As the tension persisted till late evening, the district police imposed a curfew. The then Chief District Officer Madhav Prasad Ojha himself was hiding in the army camp at the Purenwa Durbar.

15 bodies were found at and around the incident site. Twelve bodies were found in one place 6/7 kilometers east-northeast. 53 people were injured. Nine months after the incident, the families of the deceased received a relief of Rs 1 million from the state.

After the demand for an impartial investigation into the Gaur massacre, the government formed a high-level judicial inquiry committee on 9 Chaitra 2063 under the coordination of the then Judge Hari Prasad Ghimire of the then Appellate Court, Patan. The team included the then Judge of the District Court, Jumla, Anant Dumre, Advocate Tika Bahadur Hamal, the then Deputy Inspector General of Police Ramesh Chand, and the then Acting Chief of the National Vigilance Center, Ramsarbar Dobe. The report prepared by the committee has not been made public.

The National Human Rights Commission also investigated the Gaur incident and made its report public on 22 Paush 2079. The commission considered the incident a heinous crime and recommended action against the culprits and compensation to the victim's family. The commission concluded that the incident was planned, intentional, and cruel.

The then Madhesi Janadhikar Forum President Yadav has been claiming that the locals retaliated against the Maoists at that time. Prabhu Sah, who led the then Maoists (now the Aam Janata Party President), has been demanding that a case be filed after investigating the murders as they were deliberate. He had repeatedly demanded an investigation into the Gaur incident even in the House of Representatives meeting. 

Names mentioned in the complaint

1. Ajay Gupta, Gaur-9, Rautahat 

2. Gauri Shankar Yadav, Gaur-9, Rautahat

3. Babulal Sah Kanu, Gaur-2, Rautahat

4. Lalan Singh, Gaur-13, Rautahat 

5. Chandrika Singh, Saruatha-4, Rautahat 

6. Balram Singh Kuwar, Brahmapuri, Rautahat

7. Upendra Yadav, Basnaha, Saptari 

8. Rajendra Yadav, address not revealed

9. Sanjeev Yadav, Tengraha-1, Rautahat

10. Ramkalavar Singh, Gaur-5, Rautahat

11. Jagannath Keshari, Gaur-9, Rautahat

12. Sanjeev Yadav, Mudwalwa-2, Rautahat

13. Shambhu Singh, Gangapipra-2, Rautahat

14. Rampravesh Singh, Gangapipra-2, Rautahat

15. Rupnarayan Chaudhary, Hatiyahi-7, Rautahat

16. Chulhai Sah, Basatpur-1, Rautahat 

17. Devanath Jha called Dewanan, Basatpur, Rautahat

18. Ram Aadhar Sah, Basatpur-1, Rautahat

19. Shiv Shankar Singh, Brahmapuri-1, Rautahat

20. Jagarnath Thakur, Brahmapuri-5, Rautahat

21. Ganesh Rai Yadav, Sheetalpur Bairagania, Rautahat

22. Vinod Singh, Brahmapuri-1, Rautahat

23. Jayanand Yadav, Dakshin Bhitkaiya, Bara

24. Nandkishore Sah, Saramjuwa-2, Rautahat

25. Kapildev Rai Yadav, Dharahari, Rautahat

26. Damodar Priyadarshi, Sonaria-4, Rautahat

27. Baban Singh, Brahmapuri-1, Rautahat

28. Bhushan Singh, Gaur-13, Rautahat

29. Ramprasad Lal, Brahmapuri-2, Rautahat

30. Jitendra Singh, Brahmapuri-1, Rautahat 

31. Rameshwar Rai Yadav, Mudbalwa-2, Rautahat 

32. Premchandra Jha, Rautahat 

33. Ram Ayodhya Mahato Chanau, Gaur-6, Rautahat

34. Awadhesh Chanau, Gaur-6, Rautahat

35. Ramniwas Singh, Hazminia-8, Rautahat

36. Umesh Tiwari, Hazminia-8, Rautahat

37. Ashok Singh, Hazminia-1, Rautahat

38. Bhagyanarayan Sah, Basatpur, Rautahat

39. Shankar Singh, Basatpur-8, Rautahat

40. Munna Singh, Hazminia-1, Rautahat

41. Mangal Raut Barai Bariyarpur-5, Rautahat

42. Sheikh Dawood, Kanakpur, Rautahat

43. Shankar Yadav, Maidhia Manpur, Rautahat

44. Arun Singh, Gaur-13, Rautahat 

45. Mukut Singh, Hazminia-1, Rautahat 

46. Vishwanath Pattel, Jetharhia-8, Rautahat

47. Birendra Raut, Jetharhia-9, Rautahat

48. Jaichand Yadav, Tengraha-4, Rautahat 

49. Dinna Yadav, Tengraha-2, Rautahat

50. Sahan Rai Yadav, Tengraha-1, Rautahat 

51. Harindra Yadav, Jayanagar-9, Rautahat

52. Vaidyanath Sah, Mathia-7, Rautahat

53. Lali Sah Teli, Aurhi-1, Rautahat

54. Shankar Sah Bania, Aurhi-1, Rautahat

55. Birendra Pandey, Gangapipra, Rautahat

56. Jodha Sah, Gaur, Rautahat 

57. Shankar Rai Yadav, Lakshmipur, Rautahat

58. Berahim Ansari, Jayanagar, Rautahat

59. Srinarayan Jha, Basatpur, Rautahat

60. Rambabu Prasad Yadav, Kacharwa-1, Bara

61. Jialal Prasad Yadav, Inerwamal Koilidih, Bara

62. Siunath Pattel, Majhaulia Vitkaiya, Bara 

63. Madan Sah, Gaur-12, Rautahat 

64. Arabind Singh, Hazminia-1, Rautahat

65. Pawan Singh, Hazminia-8, Rautahat 

66. Bhupendra Mahato, Bhasedhawa, Rautahat

67. Ram Sogarat Yadav, Gaur-4, Rautahat 

68. पंकज भारती, गौर–४, रौतहट

६९. नरेश भारती, गौर–४, रौतहट 

७०. दीपेन्द्र भारती, गौर–४, रौतहट 

७१. देवी यादव, गौर–५, रौतहट

७२. लालकिशोर राउत, गौर–९, रौतहट 

७३. रामदास साह, बसतपुर–१, रौतहट 

७४. रामेश्वर साह, बसतपुर–१, रौतहट 

७५. रामजी दास, बसतपुर–१, रौतहट

७६. रजनीश झा, बसतपुर–१, रौतहट

७७. हरिकिशोर यादव, गौर मालपोतमा लेखापढी गर्ने

७८. लालकिशोर राउत, गौर–९, रौतहट

७९. गंगा सिंह, गौर–९, रौतहट 

८०. हिन्दु राय यादव, महमदपुर, रौतहट

८१. नवल यादव, महमदपुर, रौतहट

८२. बज्र यादव, महमदपुर, रौतहट

८३. सञ्जीव झा, रौतहट 

८४. रणवीर महतो, रौतहट 

८५. गगनदेव महतो, रौतहट 

८६. सोनालाल यादव, रौतहट 

८७. भुनरेस यादव, रौतहट 

८८. नरेश साह तेली, रौतहट 

८९. अर्जॅन मल्लिक, गौर, रौतहट

९०. जगदीश मल्लिक, गौर, रौतहट 

९१. फेकु, गौर गडवा, रौतहट 

९२. मुल्तिक, गडवा, रौतहट 

९३. भद्दा ठाकुर हजाम, ब्रह्मपुरी, रौतहट

९४. रामशंकर श्रीवास्तव, ब्रह्मपुरी, रौतहट 

१०८. किशोरी राय यादव, इनरवारी–१ रौतहट

१०९. वलरुवा अन्सारी, जयनगर रौतहट

११०. रामचन्द्र गिरी, नरकटिया रौतहट

१११. शम्भु साह कानू, गौर–२ रौतहट

११२. अवधेश चनउ, टिकुलिया–६ रौतहट

११३. सञ्जय केशरी, टिकुलिया–६ रौतहट

११४. राजीनन सिंह, गौर रौतहट

११५. रामकुमार शर्मा, महोत्तरी

११६. तेजीलाल पटेल, इनरवारी–६ रौतहट