We use Google Cloud Translation Services. Google requires we provide the following disclaimer relating to use of this service:
This service may contain translations powered by Google. Google disclaims all warranties related to the translations, expressed or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
A case was filed against 11 people, including Mohammad Aftab Alam, for the bomb blast that occurred on the night of March 27, 2064 in Fardawa village, Rajpur municipality of Rautahat and then burning 23 people alive in a brick kiln and destroying the evidence.
High Court Janakpur, Temporary Bench Birgunj acquitted 4 people including Alam on 14th June 2082 saying that the incident of bomb blast could not be objectively confirmed from the collected evidence. This judgment has raised serious questions about the credibility of Nepal's justice system and burdened the victims' families with more injustice.
This incident took place on the eve of the first Constituent Assembly election, in which Alam was the candidate of the Nepali Congress. According to the prosecution, Pintu (Trilok Prasad Singh) and OC Akhtar, who were injured in the blast, were put in sacks and burnt in the chimney kiln of Raja Brick Industry. Injured Gauri Shankar claimed that he was forced to say that the stove exploded and not a bomb on Kantipur TV. Alam was arrested in October 2076 in this case which was registered on November 18, 2076. District Court Rautahat had sentenced 4 people including Alam to life imprisonment on 13 Baisakh 2081, but the High Court overturned this verdict and released Alam from Nakkhu Jail on Wednesday.
The High Court has mentioned that the accusations of bomb blast and burning in brick kiln could not be confirmed with solid evidence and the report of forensic science laboratory also did not establish the charge. However, the district court ruled that the facts of the explosion and murder were established from the investigation, witness statements, reports of human rights organizations and photographs of the scene. Such contradictions call into question the depth and impartiality of the investigation. The history of the police making a bond that there was no explosion at the scene, the investigation starting only on 14 Baisakh 2065, and the government prosecutor's office deciding not to pursue the case also deepens the suspicion of political influence in this case.
Nepali Congress Chairman Sher Bahadur Deuba's statement of 'repeated attempts to release Alam' has made this issue more controversial. Alam, who is a powerful leader who is a four-time MP from Rautahat-2 and a multiple-time minister, his family's political clout has also raised questions in the case. His younger son Rajik Alam is the head of the Rajpur Municipality and has always maintained close ties with Shaktikendra. In such a background, there is a doubt that the judgment of the court is 'independent and impartial'.
This judgment has caused a great shock to the victim's family. OC Akhtar's mother Ruksana was murdered in 2067, indicating an attempt to suppress witnesses in the incident. The Supreme Court had ordered a serious investigation in 2069, but recent high court rulings have undermined those efforts. When powerful people influence the law, ordinary citizens' hope for justice is weakened. The case is likely to be appealed to the Supreme Court and there is hope that the victim will get justice from there.
The need for reform in Nepal's justice system has been made more clear by this incident. Justice in such cases is not possible without transparency in investigation, protection of witnesses and strictness in collection of evidence. This verdict has deepened the sense of injustice in the society and increased the risk of disturbing social harmony. Now the question arises: 'Khoi life? Ashes, lost ashes?
flew!' It is now necessary to find an answer to this question, so that such stories of injustice are not repeated in the future.
- Santosh Simkhada , Tokyo, Japan
