A recent mandamus issued by the Constitutional Bench of Nepal’s Supreme Court has revived hope among victims of the armed conflict, directing the government to move forward with an investigation into a killing case against Maoist Centre Vice-Chair and former Speaker Agni Prasad Sapkota. The court’s order also annulled a previous government decision that had halted the investigation, paving the way for justice in this and potentially other cases of human rights violations during Nepal’s decade-long conflict.
The case in question dates back to April 29, 2005 when Maoist cadres abducted Arjun Bahadur Lama from the premises of Krishna Secondary School in Dapcha, Kavre District. Lama died while in Maoist custody less than two months later, on June 22, 2005.
On July 5, 2007, Purnimaya Lama, the widow of Arjun Bahadur Lama, filed a formal complaint at the District Police Office, naming those she held responsible for her husband’s abduction and subsequent killing. However, the police refused to register the case. Left with no other recourse, she petitioned the Supreme Court. The Court subsequently ordered that legal proceedings be initiated. On October 5, 2008. The Nepal Police circulated a directive to its units in Kavre and Sindhupalchok districts, instructing them to arrest the accused and present them for investigation. Despite this, Agni Prasad Sapkota remained listed as a fugitive.
Purnimaya Lama’s tireless legal campaign to seek justice for her husband’s abduction and killing has come to symbolize the broader struggle of Nepal’s conflict victims. In recognition of her unwavering commitment, she was awarded the Prakash Human Rights Award by the Informal Sector Service Centre (INSEC) last year.
While the case was still pending before the Supreme Court, Agni Prasad Sapkota was elected Speaker of the House on January 26, 2020. In response, Sushil Pyakurel, a human rights and political advisor to then-President Bidya Devi Bhandari, resigned in protest. Pyakurel, who is also the founding Chairperson of INSEC, was among those who had filed a petition at the Supreme Court in 2015 demanding that Sapkota be prosecuted.
This case, which has been ignored for over 14 years under various pretexts, now demands urgent and uncompromising investigation. We call upon the Government of Nepal to pursue the matter without delay or obstruction, ensuring accountability and justice.
Dr. Kundan Aryal
Chairperson