What does Harihar Birhi, a member of the then Rayamajhi Commission, say about the arrest of Oli and the writer?

”The tendency to not make public reports from the Mallik to the Rayamajhi and Karki commissions poses a risk of abuse of power.”

Chaitra 14, 2082

Kantipur Reporter

What does Harihar Birhi, a member of the then Rayamajhi Commission, say about the arrest of Oli and the writer?

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In Nepal, those in power have repeatedly abused their power. To prevent this from happening in the future, the then government has formed various commissions keeping in mind the public sentiment. We are all witnesses to the events since 2046.

The Mallik Commission was formed to investigate the repression and excesses that took place in the 2046 movement. That commission had recommended action against those involved in the abuse of power by the then government, but the report was not implemented. If the report had been implemented at that time, there would not have been a situation where another movement would have to be held and there would not have been a situation where those in power misused their position and power to suppress. But power was misused and later another commission was formed - the Rayamajhi Commission under the chairmanship of former Supreme Court Justice Krishna Jung Rayamajhi.

I also had the opportunity to participate in that commission as a member. The report given by that commission was also shelved in the same way. When I heard that I had been made a member, I told the then Prime Minister Girija Prasad Koirala- 'This is just for show, you may not implement it. That is why I will not sit.'

It seems that the commission is trying to avoid the incident of the 23rd by focusing only on the incident of the 24th.   At that time, the then Home Minister Krishna Prasad Sitaulaji was also present. He said- 'No, that will not happen. It will not happen like the Mallik Commission. We will implement it. I will implement it by submitting a report as it appears.'

We worked on his belief and submitted the report. But the same thing happened to it. In the name of implementation, departmental action was taken against only a few low-level employees and the real culprits were encouraged, honored and promoted. This was completely against the public sentiment and against their duty towards the nation and the people.

There was a coalition government at that time. The Nepali Congress and the Communist parties were involved together. If action had been taken at that time, there would have been no possibility of such a massive misuse of office, power and authority by subsequent governments. Due to the failure to implement the reports, despite democracy and democratic system, the functioning of governments was seen to be progressing in an autocratic manner. Sometimes incidents of misuse of power and sometimes of non-fulfillment of responsibilities appeared frequently.

The report given by the Gauri Bahadur Karki Commission has now clarified these things to some extent. Therefore, it is not at all appropriate to keep this report on hold like the previous reports. It must be implemented. But there are some doubts about this matter.

The commission had received a mandate to investigate not only the incident of the 23rd, but also the incident of the 24th. But it seems that the commission, by focusing only on the incident of the 23rd, tried to avoid the incident of the 24th (which was even more horrific and damaging than the 23rd).

The conclusion of both the commission and the government is that the main issue is non-fulfillment of government responsibilities rather than misuse of power. Both the current government and the recently departed government can be considered as not fulfilling their responsibilities by not making this report public.

Not implementing the report and being afraid to make it public has become a mysterious issue for the government.     Based on some reports, the then Prime Minister and Home Minister have been arrested, but the government has not officially made the report public on its behalf. Citizens have to form their own opinions based on informal reports received through private channels.

While the current government seems to be trying to implement the report, on the other hand, it has not even made the minimum responsibility report public. If the government had taken action at once when making the report public, many people would not have been suspicious.

After the election results, the role of those who would form the potential government and the involvement of some people involved in the incidents of the 23rd and 24th had already come to the media. Videos, photos and other information of those involved in the arson and looting of important places including Singha Durbar, Parliament were made public. It was seen that such people were even elected as MPs after getting tickets. Therefore, the question of 'why did this party give him a ticket?' was also raised. For this reason, suspicions have arisen in some places that the report was later deleted or that the report that had already been prepared was also deleted.

Such suspicions have been further strengthened by the government's failure to make the report public. The Rayamajhi Commission report was also not made public. The government only placed it in the parliament library after receiving great pressure from the parliament and the media.

The failure to implement the Mallik Commission report and the government's fear of making the reports public have become a mysterious matter for the government. Moreover, this government had repeatedly promised the public that 'everything will be transparent, we will not fail in fulfilling our responsibility towards the people.' The government, which was led by the former Chief Justice, also did not make the report public.

The current government has arrested individuals, but it has not yet fulfilled even the minimum responsibility of formally telling the citizens why they were arrested.

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Kantipur

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