The government has rejected the proposal to form a judicial inquiry commission on the Tinkune incident.
Speaking at the meeting of the State Affairs and Good Governance Committee of the House of Representatives on Friday, Home Minister Ramesh Lekhak claimed that the Tinkune incident was criminal in nature and argued that pursuing a judicial commission through political thinking would lead to wrong conclusions.
"The matter is about impartial investigation and inquiry. Had the organizers been unknown, had it been unclear how the incident occurred, had the purpose, ill-intent and instigation behind it been unclear - then we could have formed a commission to understand what exactly happened from the beginning," Minister Lekhak told the committee. "We know how the instigation was done. We know how the provocation happened. We know which houses were burned. We know how people were burned alive. We know which party offices were stoned and set on fire. We know which media houses were attacked. We know who were involved in those acts. Investigation and inquiry into it is ongoing. Therefore, this is purely a criminal incident. If we view this as a political incident and proceed with forming a judicial commission to examine why it happened, who did it, whether it was political or non-political - we will end up in a completely wrong place."
Lawmakers demanded the formation of a judicial inquiry commission to investigate the Tinkune incident during the committee meeting.
CPN (Maoist Center) lawmaker Durga Rai demanded the formation of an inquiry committee led by a former Supreme Court justice. "A judicial inquiry committee must be formed," Rai said. "If not led by a former Supreme Court justice, then either an all-party inquiry committee or one involving the Human Rights Commission should be formed."
Similarly, Nepali Congress lawmaker Hridayaram Thani also demanded an impartial inquiry committee on the incident. He did not use the term "judicial inquiry," but demanded an inquiry committee citing allegations that Rebika Khatri and Dinesh Khatri were shot while walking in an alley, that expired tear gas also affected the public who were not part of the protest, that Sabin Maharjan was shot in the chest, and that tear gas was fired at the stage of the event.
"When security personnel outnumbered protesters, why couldn't they control the situation? Were the security personnel there to just chant Ram's name?" Thani said. "An impartial inquiry committee must absolutely be formed."
Rastriya Prajatantra Party's Buddhiman Tamang also demanded the formation of a judicial inquiry committee. He mentioned the viral video allegedly showing Sabin Maharjan being shot from behind and demanded an inquiry committee led by a former justice and including human rights activists.
However, Home Minister Lekhak said that since the Tinkune incident was not political, it would be treated as a criminal case.
"This is not a political incident. It is not an incident arising from political philosophy, ideals or consciousness. The state must view this as a criminal act. The House must also view it as a criminal incident," Home Minister Lekhak said. "If we get caught up with forming a judicial commission, trying to find out who organized it, who provoked it, or trying to understand what they intended to do, we won't reach the right conclusion. This is a criminal incident. The investigation is proceeding impartially the same way the state investigates any criminal incident and brings perpetrators to justice."
He claimed that the investigation would be impartial and expressed readiness to appear before the committee to answer any questions regarding the investigation.
"However many times the committee calls me, I am ready to appear. I am ready to discuss any issues. Let's examine this impartially. The investigation can be scrutinized closely," he said. "This is a criminal incident. The state is proceeding by treating it as a criminal act. People were burned alive by setting houses on fire. Statements were made inciting the crowd present there to capture the Parliament building and other sensitive locations in the country. The way it was done to cause damage to the country, there will be impartial investigation into this."
Home Minister Lekhak said that each arrested individual's activities would be scrutinized and investigated.
"Each individual's activities will be examined and scrutinized. Investigation will be conducted. After the investigation is carried out, legal action will proceed according to prevailing laws," Lekhak said. "My position is clear. No case will be filed against anyone without evidence, without criminal involvement. No one will be harassed. But those involved will face legal action according to the law. They won’t be spared under any circumstances. The government is clear on this. I am clear on this."
Like the home hinister, CPN-UML lawmaker Raghuji Panta also opposed the proposal to form an inquiry committee.
During the committee meeting, Panta said the demand for a judicial commission would only be valid in cases where force was used in a peaceful protest.
"The Tinkune incident is a planned, criminal and premeditated incident," Pant said. "Such incidents require serious investigation. A judicial commission should not be formed. This is not a political incident. The administration should not be hindered by forming a judicial commission."
However, he said that although the police administration had received information about vandalism and arson during the Tinkune incident, it was taken lightly.
On March 28, royalists held a violent protest in Tinkune, Kathmandu. Two people lost their lives during the protest. Protesters engaged in burning private property, attacking media houses, looting, and vandalizing party offices.
