Alam, who has been in jail for 6 years, has been acquitted of the charge of throwing the injured youths alive in a brick kiln and burning them when a bomb exploded by himself to influence the Constituent Assembly elections 17 years ago. However, it has raised serious questions about our investigation, prosecution and judicial process.
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Former minister and Congress leader Mohammad Aftab Alam has been released from jail with the decision of Birgunj bench of Janakpur High Court on Wednesday. Alam, who has been in jail for 6 years, has been acquitted of the charge of throwing the injured youths alive in a brick kiln and burning them when a bomb exploded by himself to influence the Constituent Assembly elections 17 years ago. However, it has raised serious questions about our investigation, prosecution and judicial process.
First of all, how powerful was he, even for 12 years after the incident, the voice of the victim's family was suppressed by the state apparatus. However, only after the order of the Supreme Court, the investigation of the case was started and he was arrested. Last year, the district court sentenced him to life imprisonment in five years of the
case. However, after a year and a month, the High Court acquitted him. In the decision to acquit Alam, the High Court has annulled all the facts that the district court has found. The judiciary has also been questioned as the 100% opposite verdict has been given to the accused in a heinous incident. It is necessary to reach the attention of the judicial leadership on this matter.
Alam is connected to this incident of 2064 Chait 27. In the next day's Constituent Assembly election, Alam is accused of making a bomb with the intention of seizing the booth by scaring the voters of the opposition. Rautahat's former Rajapur Fardahwa-4 Congress leader and Alam's uncle. Sheikh Idris's shed exploded while making a bomb.
In that sequence, it is alleged that Trilok Pratap Singh and OC Akhtar Mian of Saruatha village of Yamunai rural municipality, who were injured, were thrown alive into the chimney. It is mentioned in the charge sheet that the blast incident was kept secret and some of the injured were sent to India for treatment, while others were silenced by threats of 'anything that could happen'.
Three days after the explosion, on 30 Chait 2064, UML candidate Shailendra Sah filed a complaint with the police about the incident. Despite a small investigation, the case did not proceed. Trilok's father and OC's mother had complained to the district police, public prosecutor, senior public prosecutor and the office of the attorney general. However, they reached the Supreme Court after there was no investigation.
In 2069, the Supreme Court gave a directive order to the government to seriously investigate and prosecute the case. But seven years after that, only in October 2076, the government prosecuted the case. Why did it come to a situation where the victim's family had to run an agency to investigate a person? Why was there no natural investigation on him? It is clear that there was a veil of power.
Even when the case was going on in the court, the president of his party, Sher Bahadur Deuba, convinced his supporters by saying that he would take the initiative to release Alam. Deuba did not even have to give an explanation for that, instead Alam was released with honor.
On 13 Baisakh 2081, Rautahat District Court sentenced Alam, his brother Mohammad Mahtab Alam, Sheikh Seraj (Saraj) and Badri Sahni to life imprisonment after a five-year trial. The district court said that the fact of the explosion was established and the injured Trilok Pratap and OC Akhtar were put in sacks along with Mohammad Aftab Alam.
In the tractor, it was determined that the log fire was killed in the chimney kiln of the Raja brick industry. The High Court ruled that the bomb blast incident could not be confirmed by objective evidence, that the injured persons Trilok Prasad and OC Akhtar were burned in the tractor, and that the report of the Forensic Science Laboratory could not confirm it. Now the only option left for the victims is to seek justice in the Supreme Court. This is a regular practice in the judicial process. However, for parents who have lost their children, this delay, this waiting and this fluctuation is unnatural.
Alam has been accused of spreading terror and maintaining dominance in his area. He had threatened to 'set the district on fire' saying that the police officer who arrested him had made a mistake. It wasn't just an angry expression, he was used to it. Mother Ruksana, who was rushing to Gaur, Hetaunda and Kathmandu for justice for her son OC Akhtar, was shot dead on the evening of 8th January 2067.
Why was he shot? There has not been a thorough investigation on who was behind it and what was the interest. It reveals the peace and security and social psychology of the society around Rajapur. Even now, there is growing doubt about the safety of the victims' families and the people and organizations that have helped for justice. Even after taking such a big risk, the judicial leadership should not disappoint the elderly citizens who are searching for the light of justice. It requires positive and effective intervention.
