23 March 2011. The Appellate Court of Nepalgunj has issued an order of mandamus to District Police Office (DPO), Nepalgunj, Bhojbhagawanpur-based Area Police Office (APO) and District Attorney Office, Banke, to carry out prompt and effective investigation vis-à-vis the extra judicial murder of Patandin Lohar.
A blacksmith by profession, victim Lohar, 33, a resident of Phattepur-1, Jhagadiya, Banke district, was gunned down at around 1 pm on 1 December, 2001, by a team of Nepal Police. The victim was accused of being a Maoist cadre. He was shot down twice, while he was defecating at a distance of 300m far from his house.
The police efforts were lackluster even after the filing of First Information Report (FIR) on 13 November, 2010; even so the complaint had been filed after sustained efforts by the victim family. The DPO Banke had constantly drawn red herrings to avoid filing the FIR to the extent that they even disregarded the court’s explicit orders to file the case and start investigations on 19 June, 2009.
Making further travesty of justice, the police had duped the complainant by showing doctored records that the FIR had been registered in line with the court’s order. After the revelation of police’s double dealing, Krishnawati Lohar, victim’s wife, moved court on 11 September 2009, claiming that such flagrant non-compliance by the police would constitute contempt of court.
Cornered, the APO Bhojbhagawanpur finally gave in and filed the FIR on 13 November 2009. As investigations could not move forward, Mrs. filed the writ of mandamus on 12 January 2011 seeking orders to carry out effective and prompt investigation into the case.
In Nepal, police authorities routinely refuse to accept complaints from relatives of victims and to file FIRs; even when FIRs are registered, police and prosecutors routinely procrastinate in carrying out investigations, even in the face of orders and legal rulings by the Supreme Court.
