
Who Will Face Action First?
March 26, Kathmandu – Following the appointment of Rashtriya Swatantra Party senior leader Balendra Shah (Balen) as Prime Minister, the first cabinet meeting decided to implement the report of the commission investigating the events of the Janajati movement.
Announcing the decision to implement the Gauribahadur Karki Commission’s report, government spokesperson Sasmit Pokharel stated that a committee will be formed to study matters concerning security agencies. For others, the decision was to proceed directly with the implementation of the report.
This opens the way for the concerned bodies to implement the commission’s recommendations for all except the security agencies.
The commission recommended that former Prime Minister KP Sharma Oli, Home Minister Ramesh Lekhak, and former Inspector General of Police Chandrakuber Khapung be investigated and prosecuted for crimes punishable by up to 10 years’ imprisonment.
The report suggests investigation under Section 181 of the Criminal Code Act, 2074.
This section states that “no one shall cause death by negligent act.” Those found guilty face imprisonment from three to ten years, along with a fine ranging from NPR 30,000 to NPR 100,000.
With the government’s decision to implement the report, the path to investigate Oli and Lekhak under this charge is now open.
Khapung, however, being a security personnel, is unlikely to be investigated immediately.
Additionally, the commission recommended prosecution under Section 182 for Home Secretary Gokarn Mani Duwaadi, Armed Police Force Inspector General Raju Aryal, former chief of the National Investigation Department Hutaraj Thapa, and former Chief District Officer of Kathmandu Chhabi Rizal.
The commission concluded that these individuals were involved in causing death through negligence. Charges under this provision carry a maximum sentence of three years’ imprisonment and a fine of NPR 30,000.
Among those recommended for action, Aryal remains the current Inspector General of Police, and Thapa is a former intelligence officer, which suggests they are unlikely to be investigated immediately. However, the path to investigate Home Secretary Duwaadi and former Kathmandu CDO Rizal is now open.