Extrajudicial Killings
According to witnesses, on December 18, 2004 security forces arrested and killed these four men in four separate incidents in Morang District. The Area Police Office in Urlabari notified the victims’ families of the deaths. Relatives found evidence of beatings and torture on the bodies. Their belongings were missing.
Developments
All the relatives appealed to the Biratnagar Appellate Court but only in Madhuram Gautam’s case did the court order the police to register the FIR. The writ petitions filed by the relatives of the other three men were quashed on the basis that these cases will be investigated by the TRC.
The FIR relating to Madhuram Gautam was accepted in October 2008, on the basis of a court order. His family in June 2009 filed another petition to get a court order for the police to proceed with investigations.
The family of Dhanan-jaya Giri appealed to the Supreme Court against the decision of the appellate court.
In Madhuram Gautam’s case, the Biratnagar Appellate Court on November 9, 2009 issued a mandamus order directing the Morang DPO to start an investigation promptly, reminding it of its duties as directed by the law.
In Dhananjaya Giri’s case, the Supreme Court issued an order of mandamus on April 22, 2010. However, as of November 2010, the FIR had not been registered, apparently on the basis that the order of the Supreme Court has not been received.
The families of Jag Prasad Rai and Ratna Bahadur Karki are considering filing a mandamus petition to get a court order to register the FIRs.
