The Supreme Court issued a mandate in the name of the government on March 12 to initiate an investigation against 10 individuals, including the then Chief District Officer, in the killing case of Kumar Paudel, 47, a leader of the Nepal Communist Party led by Netra Bikram Chand.
The joint bench of Supreme Court Justices Dr. Manoj Kumar Sharma and Shrikant Paudel issued the order addressed to the Ministry of Home Affairs, the Office of the Attorney General, Sarlahi District Police Office, and the District Government Attorney’s Office, Sarlahi.
Kumar Paudel was shot and killed on June 20, 2019, at around 1 PM near Lakhandehi forest, close to Lalbandi, Sarlahi, by a team deployed from the police’s Special Bureau. The police claimed the incident was a ‘double encounter’. Paudel’s mother, Durgadevi, had filed a complaint on February 7, 2020, at the Sarlahi District Police Office against the police involved, as well as former IGP Surendra Khanal and former Home Minister Rambahadur Thapa, but the police had not registered it.
After the police refused to register the complaint alleging her son’s unlawful killing, Durgadevi submitted a petition to the government attorney’s office. However, since the government attorney’s office also did not respond, she approached the court.
The joint bench of Supreme Court Justices Anil Kumar Sinha and Hari Phuyal heard the writ filed by Durgadevi Paudel regarding the controversial killing of her son and, on September 28, 2021, ordered that the complaint be registered. Noting that the petition’s receipt was not evident, the Supreme Court stated in the order: “From the date of receipt of this order, within seven days, the complainant’s petition must be recorded in the register of the District Government Attorney’s Office, Sarlahi, with proper acknowledgment from the petitioner. Similarly, provide the petitioner with a copy of the recorded complaint and promptly inform the Supreme Court accordingly.”
The National Human Rights Commission had conducted an investigation into the incident and published a report concluding that Paudel’s minimum right to life was violated as he was killed while under police custody. The report stated that the police, operating under the direct instructions of the Police Headquarters and in coordination with the Province No. 2 Police Office, used unnecessary force to shoot Paudel after taking him into custody.
The Commission’s team recommended the immediate suspension of Police Inspector Krishnadev Prasad Sah and Constables Binod Sah and Satya Narayan Mishra involved in the incident, and to initiate criminal proceedings against them.
Similarly, Police Inspectors Kiran Prasad Neupane and Suryakumar Karki were cautioned for procedural lapses in the case documentation.
Informal Sector Service Centre (INSEC) also conducted a field study of the incident and published a report stating that the police used excessive force beyond necessity to execute the killing.
In the murder of Kumar Paudel, complaints had been filed against the then Chief District Officer of Sarlahi, Krishna Bhadur Raut; Chief of Sarlahi District Police Office, SP Gopal Bhattarai; then DIG Hari Bahadur Pal, Province No. 2 Police Chief; and Inspector Kiran Prasad Neupane of Lalbandi Police Office.
At the time of the incident in Sarlahi, Rambahadur Thapa (‘Badal’) was the Home Minister, and Surendra Khanal was the Inspector General of Police. The involvement of the then CDO of Sarlahi, Krishna Bhadur Raut; then Prime Minister and Home Minister Thapa; IGP Khanal; and the then DIG of Madhesh Province, Hari Bahadur Pal, had been raised repeatedly, demanding a thorough investigation.