Kathmandu Prosecutors File Cases Against Individuals Involved in August 24 Arson Amid Criticism Over Acquittals

Kathmandu. Following criticism that the government was granting amnesty to those involved in the arson and destruction on Bhadra 24, the District Government Attorney's Office in Kathmandu has recently been filing cases one after another.

On Falgun 8, the District Government Attorney Govinda Prasad Humagai had written to the Kathmandu Police Range requesting the release of Mahendra Gautam, who made a video claiming responsibility for setting fire to offices in Singha Durbar.

The letter sent to the Police Range stated that a decision had been made not to prosecute Gautam, and he was asked to be released from custody. He has since been released from custody. The 36-year-old Gautam was arrested by the police on Magh 21 on charges of setting fire to Singha Durbar on Bhadra 24.

The Patan High Government Attorney's Office overturned the decision of the District Government Attorney's Office on Falgun 13. The High Government Attorney's Office cited sufficient basis and reason to proceed with the case and considered Gautam's statement in the video claiming to have burned Singha Durbar as strong evidence.

Following that decision, on Falgun 17, the District Government Attorney's Office in Kathmandu filed a supplementary indictment against Gautam. Gautam has been listed as absent in the supplementary indictment.

If a decision is made not to prosecute for any offense, it must be ratified by a higher authority. Accordingly, the file was sent to the High Government Attorney's Office, but the accused was released from custody before a final decision was reached. Currently, the accused Gautam is mentioned as absent in the indictment when the case was filed.

According to Sub-section 7 of Section 31 of the Criminal Procedure Code, if the accused is in custody during the investigation, the government attorney must keep them in custody until a decision is made on whether to file a case or not. The Government Attorney's Office decided to release Gautam from custody before a final decision was made. A video of Gautam publicly stating that he entered Singha Durbar and committed arson had been made public.

"We youths broke the gate (front) of Singha Durbar, entered inside, and managed to set fire to the Home Minister's (Ministry) office and all offices," Gautam said in the video collected by the police as evidence.

As those involved in the arson at the Supreme Court on Bhadra 24 came under investigation, the District Government Attorney's Office in Kathmandu filed a case in the District Court against five individuals—Susil Shrestha alias Browne, Jyoti Thapa Ghataane, Binod Kumar Thapa Magar, Kumar Parajuli alias Alex, and Raju Pariyar alias Samrat—who were released on personal bail under the direction of the Home Ministry, on charges of criminal mischief.

A video was made public showing Pariyar being active in burning government structures including the Supreme Court, Police Range, Singha Durbar, and the Office of the Attorney General. Among those against whom cases have been filed, Raju Pariyar alias Samrat is currently in prison after the Kathmandu District Court ordered him to be sent to custody for trial in a separate case of criminal mischief filed earlier.

This is the second case filed against Pariyar in the Kathmandu District Court for burning the Supreme Court. The crime record system shows that 8 previous cases were filed against him by various police offices. Police had previously arrested and investigated him for attempted murder, fraud, indecent behavior, and banking offenses. Records show cases filed against him from the Kathmandu District Police Range in 2064 for attempted murder, from the Police Range Lalitpur in 2070 for attempted murder, from the New Baneshwor Police Circle in 2070 for fraud, and from Maharajgunj in 2079 for a banking offense.

In July 2080, a case of fraud was filed from the Lalitpur Range, and a case of indecent behavior was filed in 2065. Records also show investigations initiated based on complaints filed for fraud from the New Baneshwor Police Circle in 2075 and for fraud from Swayambhu in 2071.

Similarly, police investigation revealed that Jyoti was also active in burning the Supreme Court. After initially being released on personal bail, the police filed a charge against Jyoti again on Magh 4. Jyoti has not appeared in court since this indictment was filed. She is currently on the run.

The District Government Attorney's Office filed a case of criminal mischief against Samir Shrestha in the Kathmandu District Court on Tuesday, who is accused of setting fire to the Baudha Police Circle. Shrestha is accused of arson and vandalism at the Baudha Police Circle. A case has been filed against Shrestha claiming damages of NPR 28,115,987. Furthermore, a case related to criminal mischief and robbery has been filed against Aashish Gurung, who was involved in vandalizing the main gate of Singha Durbar.

Cases of criminal mischief have also been filed against Nikhil Kusele, Sohan Chaudhary, Bibek Rokkha Magar, and Remesh BK alias Chhatra Bahadur BK, who were involved in vandalizing the Balambu Police Post.

In an effort to bring those involved in the Bhadra 24 arson to justice, the police collected various videos, photos, and CCTV footage, identified the arsonists after the second week of the 'Genji' movement, arrested them, and began investigations. While over 150 individuals seen in photos and videos were arrested and investigated, the investigation stalled after the Home Ministry directed the police to release over 60 arrested individuals on personal bail during the Dashain festival period.

As those involved in arson and vandalism were rapidly coming under police investigation, the Home Ministry formed a Commission of Inquiry and directed that the investigation process be advanced only after the commission's report was received, leading the police to release those arrested on personal bail. After the Home Ministry's letter was made public, the Commission of Inquiry, chaired by Gauribahadur Karki, issued a statement saying that anyone involved in criminal offenses could be investigated and prosecuted immediately by the mechanisms of the Government of Nepal, prompting the police to resume investigations.

The Supreme Court administration filed a complaint at the Kathmandu Police Range on Bhadra 29, stating that damages amounting to NPR 1,236,238,000 were incurred due to the arson, for investigation purposes. The court provided the police with screenshots of all the photos, videos, and CCTV footage it had collected when filing the complaint. The arson damaged the Supreme Court building, 422 vehicles, and case files for 933,823 cases.