The police had claimed there was no explosion at all to save Nepali Congress (NC) lawmaker Mohammad Aftab Alam who has been accused of burning persons injured in bomb explosion alive over 11 years ago.
Bodies like the National Human Rights Commission (NHRC), Nepal Bar Association (NBA), and Informal Sector Service Center (INSEC) had confirmed bomb explosion after field inspection but the local police in the report submitted to the District Government Attorney's Office after crime scene investigation had claimed there was no explosion at all.
"The incident does not seem to have happened looking at the shed of Sheikh Idris. But a complaints identifying Mohammad Aftab Alam have been filed claiming that Osi Akhtar Miya and Trilok Singh (aka Pintu) were injured in the explosion even as bombs were being made at the shed of Sheikh Idris to help Alam win the election, and the duo was killed by burning in the brick kiln," the report states.
The police report, that claims there was no explosion at all, however demands punishment as per the section about life of General Code on the basis of eyewitness accounts, and complaints against Alam.
The statement of Sarjul Miya--that claims that people at the site of incident threatened him when he offered to take Miya and Singh injured in the bomb explosion for treatment, and the same people put those killed in the explosion and injured persons inside the brick kiln--however has been mentioned in the report.
The District Government Attorney's Office seems to have decided to not move the complaints filed by Miya's mother Sheikh Ruksana Khatun and Singh's father Shree Narayan Singh forward after the police report claimed there was no explosion at all. The Office of the Attorney General accordingly may have endorsed that decision.
Background of the case
Two persons were killed and over a dozen injured in a bomb explosion at Pharhadawa of Rautahat on April 9, 2008 before the first Constituent Assembly (CA) election. Most of the injured persons were Indians and all of them suddenly disappeared a few days after the incident.
Families of two of the missing Nepali citizens complained with the police some time later claiming that the explosion occurred while making bombs to help Alam win the election and Alam burned 11 injured persons in the furnace of a nearby brick factory alive to cover up the incident.
Police sat on the complaint filed by Sheikh Ruksana Khatun and Shree Narayan Singh, and Alam won the CA election.
Police later secretly investigated the case and found that Alam had hired Indians from across the border to make bombs to capture polling stations, and the villagers corroborated the claims of complainants.
Alam went to the Rautahat Police on June 23, 2008 after being summoned and the police prepared a case against Alam and his five cadres. But the case was never filed after the Office of the Attorney General instructed the District Attorney's Office to that regard on July 14, 2008.
Khatun and Singh moved the Supreme Court (SC) against the decision of District Attorney's Office and Alam, even as Alam became labor and transportation minister in the Madhav Kumar Nepal government in 2009.
A joint bench of the then SC justices Sushila Karki and Bharat Bahadur Karki hearing the petition filed by Khatun and Singh ordered arrest of the defendants and investigation but the order was not executed.
"Some evidence of the incident seem to exist on the basis of the complaints identifying the perpetrators; recovery of sweater, high-neck, black socks, and black shoes of Osi Akhtar Miya at the site of incident; statement of Sarjul Miya; and field reports of the National Human Rights Commission (NHRC), Nepal Bar Association (NBA), and other human rights organization," the Karki duo ruled.
Khatun and Singh then complained with the Judgement Execution Directorate which again ordered Alam's arrest. But powerful Alam, who could even get officers he wanted deployed as Rautahat Police chief, was again not arrested.
Khatun was murdered in the meantime and other victims of the incident also could not speak after that.
A SC order three months ago seems to have led to arrest of Alam.
A joint bench of Justices Anil Sinha and Kumar Regmi three months back had ordered the Office of Attorney General to submit a report about progress in investigation of the incident and current situation within 30 days.
Advocate Pushpa Raj Paudel had moved the SC making the Office of Attorney General defendant as that order was not enforced. The bench of Sinha and Regmi hearing that petition on June 21 had ordered the Office of Attorney General to that regard, and also reminded the office that it was both its duty and right to implement the court order.
"Who were appointed investigating officers during which period in the complaint filed by Sri Narayan Singh and Ruksana Khatun as per that order, and how has the investigation moved forward? What are the works that have been completed till now? What are the reasons for failure to complete investigation in the past seven years? Do investigate about these questions and coordinate with other relevant bodies for information, and submit a confidential report to this court including detailed periodic details of all the works done until now within 30 days of receiving this order," the bench had ordered. It had also ordered the office to send monthly updates until the court order is implemented.
The Office of Attorney General would have been held in contempt of court for failing to submit the progress report as demanded by the court.
The police are preparing the case of murdering 14 persons—including the two killed during the explosion, 11 injured during the explosion and later burnt alive, and Khatun—against Alam.
