Court issues suspension order for army officer in Maina case
In a significant ruling made on September 13, 2009, the District Court of Kavre has ordered the Nepal Army Headquarters to immediately proceed with the automatic suspension of Major Niranjan Basnet with regard to the murder of Maina Sunuwar back in 2004.The Court has further ordered the Army Headquarters to submit all the files containing the statements of the people interviewed by the Military Court of Inquiry.
The ruling of Kavre District Court requires the following orders to be issued:
(1)"Order the Nepal Army (Adjutant Division), Army Headquarters, Kathmandu to act in accordance with Section 66 (3) of Army Act 2063 in regards to the then Captain Niranjan Basnet, who has now been promoted to the post of Major.
(2)As the defendants have fled, order the Office of the District Government Attorney to produce the complainant and other people who were consulted during the investigation so that the evidence can be examined according to law.
(3)Order the Nepal Army (Adjutant Division), Army Headquarters, Kathmandu to produce the statement of persons named in paragraph 6 of the judgment of the General Military Court."
A ninth grader at Bhagawati Secondary School at Kharelthok in Kavre district, Maina was 15 years of age when she was arrested on Feb 17, 2004, by the army personnel and tortured to death. At the outset, the Nepal Army Barracks at Panchkhal had flatly denied the allegations. After mounting national and international pressures, an in-house inquiry of the army was set up and it was brought to fore that that army personnel deployed at the army facility, viz. Boby Khatri, Amit Pun, Sunil Adhikari, were involved in the case. As per the recommendation of the Military Court of Inquiry, the court martial was instituted under the chairmanship of Major General Kiran Shumsher Thapa. After examination of the statements of various officials, the Martial Court held on Sept 8 2005 that the alleged personnel were guilty and they were to be sentenced to six month imprisonment - which they had served during the period of court martial itself, granting them release immediately after the judgment was pronounced.
Challenging the verdict of the Military tribunal, Devi Sunuwar, the mother of the deceased, had filed the First Information Report (FIR) at District Police Office, Kavre, on 6 Dec 2005 demanding appropriate investigation and prosecution of the guilty officials before civilian court.
In 2006, The United Nations Office of the High Commissioner for Human Rights (OHCHR-Nepal) after studying Maina's case reiterated that a criminal investigation by civilian authorities in connection with Maina’s custodial torture and death was imperative. It also supported the police to exhume the body of Maina by inviting forensic experts. Later, the body was found to have been interred nearby the compound of the Army barracks at Panchkhal.
Following police inaction/indifference vis-à-vis the case, a writ of mandamus was filed and the Supreme Court, on 18 Sep 2007, directed the authorities concerned to carry out criminal investigation within three months and charge the alleged offenders. Consequently office of the Public Prosecutor, Kavre, filed charge sheet against 4 military officials including Niranjan Basnet on 31 January, 2008. On the same day the court issued arrest warrant against those four accused.
Despite issuance of the arrest warrant and subpoena, none of the accused has been arrested yet.
The ruling was the result of the AF's pleading in the court on 13th of September that we will not appear in the final hearing unless the previous court order regarding the arrest of the military is done, all the documents of the court of inquiry are submitted to the court and all those witnesses and people are questioned and examined in the court.
Advocacy Forum has been representing the victim's family and working on the case since the day of Maina's arrest.
The ruling of Kavre District Court requires the following orders to be issued:
(1)"Order the Nepal Army (Adjutant Division), Army Headquarters, Kathmandu to act in accordance with Section 66 (3) of Army Act 2063 in regards to the then Captain Niranjan Basnet, who has now been promoted to the post of Major.
(2)As the defendants have fled, order the Office of the District Government Attorney to produce the complainant and other people who were consulted during the investigation so that the evidence can be examined according to law.
(3)Order the Nepal Army (Adjutant Division), Army Headquarters, Kathmandu to produce the statement of persons named in paragraph 6 of the judgment of the General Military Court."
A ninth grader at Bhagawati Secondary School at Kharelthok in Kavre district, Maina was 15 years of age when she was arrested on Feb 17, 2004, by the army personnel and tortured to death. At the outset, the Nepal Army Barracks at Panchkhal had flatly denied the allegations. After mounting national and international pressures, an in-house inquiry of the army was set up and it was brought to fore that that army personnel deployed at the army facility, viz. Boby Khatri, Amit Pun, Sunil Adhikari, were involved in the case. As per the recommendation of the Military Court of Inquiry, the court martial was instituted under the chairmanship of Major General Kiran Shumsher Thapa. After examination of the statements of various officials, the Martial Court held on Sept 8 2005 that the alleged personnel were guilty and they were to be sentenced to six month imprisonment - which they had served during the period of court martial itself, granting them release immediately after the judgment was pronounced.
Challenging the verdict of the Military tribunal, Devi Sunuwar, the mother of the deceased, had filed the First Information Report (FIR) at District Police Office, Kavre, on 6 Dec 2005 demanding appropriate investigation and prosecution of the guilty officials before civilian court.
In 2006, The United Nations Office of the High Commissioner for Human Rights (OHCHR-Nepal) after studying Maina's case reiterated that a criminal investigation by civilian authorities in connection with Maina’s custodial torture and death was imperative. It also supported the police to exhume the body of Maina by inviting forensic experts. Later, the body was found to have been interred nearby the compound of the Army barracks at Panchkhal.
Following police inaction/indifference vis-à-vis the case, a writ of mandamus was filed and the Supreme Court, on 18 Sep 2007, directed the authorities concerned to carry out criminal investigation within three months and charge the alleged offenders. Consequently office of the Public Prosecutor, Kavre, filed charge sheet against 4 military officials including Niranjan Basnet on 31 January, 2008. On the same day the court issued arrest warrant against those four accused.
Despite issuance of the arrest warrant and subpoena, none of the accused has been arrested yet.
The ruling was the result of the AF's pleading in the court on 13th of September that we will not appear in the final hearing unless the previous court order regarding the arrest of the military is done, all the documents of the court of inquiry are submitted to the court and all those witnesses and people are questioned and examined in the court.
Advocacy Forum has been representing the victim's family and working on the case since the day of Maina's arrest.