Incident Reports

National Human Rights Commission’s probe finds yet another case of extrajudicial killing


The Human Rights Commission’s probe has found that police killed two alleged abductors in Bhaktapur after taking them into custody two years ago in the times when the government is looking for excuses not to implement its recommendations to book police officials involved in extrajudicial killings.

The commission concluded that a police team led by Deputy Superintendent Rugam Bahadur Kunwar arrested 23-year-old Gopal Tamang of Sindhupalchok and 24-year-old Ajay Tamang from Nuwakot in the charge of abduction 0f 11-year-old Nishan Khadka of Kandaghari. They were shot at Doleshwor jungle in Suryabinayak, Bhaktapur on August 6, 2018, while the officers claimed it as “an encounter” as they had to shoot at them in retaliation after the duo tried to attack personnel. On the same day, Khadka was found buried in a pit dug for laying the foundation of an under-construction house belonging to Shyam Rawat of Madhyapur Thimi.

The commission concluded that along with Kunwar, Sub-inspectors Dipendra Chanda, Prasanna Malla and Ranjit Tamang and Assistant Sub-inspector Rajan Khadka was involved in the killing and recommended the government to book the police officials on criminal charges.

According to Bed Bhattarai, secretary and spokesperson for the commission, a team led by Tahir Ali Ansari, a former justice at the Supreme Court, consisting of Bigyan Raj Sharma, a former additional inspector general, and Dr Harihari Osti, a forensic expert, was formed to conduct a detailed investigation into the case.And with support from the Ansari-led team, the commission concluded that the Tamang duo was killed after arrest and the police tried to project the incident as an encounter.The commission also demanded Rs 300,000 compensation to Khadka’s family and Rs 100,000 each to the family of Ajay and Gopal.

The commission’s investigation found that Kumar Paudel, Sarlahi district in-charge of the Netra Bikram Chand-led Communist Party of Nepal, too was killed extrajudicially. Though authorities had claimed he died in police action on June 20, 2019 in Lalbandi of Sarlahi, the commission had found that a police team led by Inspector Krishnadev Prasad Sah had killed Paudel.

The commission in October last year recommended legal actions against Sah and senior constables Binod Sah and Satya Narayan Mishra for their involvement in the criminal offence. The commission also asked that a warning be issued to Inspector Kiran Neupane and Sub-inspector Surya Kumar Karki as they provided false reports about Paudel’s killing.As the constitutional watchdog also found severe lapses in the autopsy report, it had recommended that a warning be issued against Dr Birendra Prasad Mahato from the Malangwa District Hospital.

One year after the recommendation, the government is looking for excuses not to implement them. In May, the government wrote to the commission to review its decision to implicate the police officials in Paudel’s killing.but the commission rejected the request on Thursday saying that the decision was taken after a thorough study and there was no need for revision.

Human rights activists say cases of extrajudicial killings are increasing because those involved in the crime are getting the state’s protection. On October 15, the commission listed 286 people including former top government officials and security officials who were implicated by the commission in the last two decades since its formation in 2000.