Victim’s Family Left Without Compensation Following Custodial Death in Khotang

  October 21, 2024 By: INSEC

In the case of the death of 18-year-old Kiran Rai, also known as ‘Bhudeu,’ of Diktel Rupakot Majhuwagadhi-10, in police custody, the victim’s family has not received compensation due to the non-implementation of the recommendations made by the National Human Rights Commission to the government. Geeta Dahal, chief of the Khotang office of the National Human Rights Commission, said that although the National Human Rights Commission recommended compensation to the family of Kiran Rai, who was killed due to torture in police custody, 11 years ago, the state did not implement the Commission’s recommendation due to which the victims could not get compensation.

Bhudeu, who was arrested on June 11, 2013, on charges of killing, died in police custody on July 7, 2013, due to alleged torture. The National Human Rights Commission (NHRC) investigated the case and determined it to be a killing rather than a natural death, recommending that the state compensate the victim’s family. However, even after 11 years, the families have not received any compensation, as the state has failed to implement the NHRC’s recommendations, according to Gita Dahal, chief of the Khotang office of the National Human Rights Commission.

Buddhi Bahadur Rai, the father of the deceased Kiran Rai, told an INSEC representative that the perpetrators responsible for his son’s death due to torture in police custody have not been prosecuted and the family has not received any compensation. He stated that although the individuals involved in the killing have been identified, no action has been taken against them. Despite 11 years passing since his son was arrested on charges of escaping custody and subsequently beaten to death, the perpetrators remain unpunished, and the state has failed to provide compensation.

The National Human Rights Commission had recommended the government take action against the then DSP Rajeev Basnet, Inspector Ramesh Dev, and 11 other policemen in the case of the death of the detainee Bhudeu in police custody. Commission to take departmental action against DSP Basnet and Inspector Deb involved in the incident and to take action against SI Mahendra Khatri, Mukunda Prasad Bidari, Police Head Constable Suresh Prasad Yadav, Police Constable Nakul Rai, Ramkumar Bogti, Kailash Khatri, Chandra Khadka, Debraj Majhi and Narayan Khadka as per the National Code was recommended to the Office of the Prime Minister and Council of Ministers on September 4 2013. Sanjeev Rai, a relative of the deceased, said that although the decision and recommendation of the commission were upheld by the mandate of the temporary bench of Okhaldhunga, they did not get justice. The National Human Rights Commission, stating that the detainee Rai died due to torture, recommended on August 14, 2013, that action be taken against 201 police head constable and six police constables involved in the incident, as per the provisions of the Muluki Ain concerning killing. They also recommended action against the then DSP and inspector, submitting their recommendation to the Prime Minister’s Office and the Council of Ministers.

According to Section 16 (3) of the NHRC Act 1997, the commission recommended a compensation of Rs 3,00,000 to the victim’s family. However, as of October 21, 2024, this recommendation has not been implemented, according to Sanjeeb Rai, a relative of the deceased. The postmortem of Kiran Rai’s body was conducted at the district hospital on July 11, 2013. On the same day, the aggrieved family took the body and cremated it at Majhuwagadhi Municipality-10, Patheka, in Diktel Rupakot.

 


Taranath Fuyal