Withdrawing cases against those involved in Tikapur massacre will promote impunity, experts warn

Resham Chaudhary, the main accused of the Tikapur incident.

Nishan Khatiwada

  • Read Time 3 min.

Prime Minister Oli continues defying the rule of law. His bid to offer amnesty to the accused, even convicts, of the Tikapur massacre shows this. 

Kathmandu: On June 1, 2021, KP Oli-led government signed a six-point agreement with the Tharuhat Joint Struggle Committee. According to the agreement, the case against Resham Chaudhary, Dhaniram Chaudhary, and Laxman Chaudhary, accused in the Tikapur, Kailali incident, will be withdrawn. Efforts will be made to withdraw cases and secure the release of these people, as per the law and the constitution, reads the six-point agreement.

This agreement opened the way for Rajendra Mahato-Mahantha Thakur faction to join the government on June 4. 

However, the decision to secure release of the accused and even those convicted by the court has sent fears of impunity. 

On August 24, 2015, seven police officers and a two years old child were killed by the violent mass of Tharuhat protestors. Thousands of protesters came into the streets breaking the prohibitory order with household weapons and the mass clashed with police. They killed police officers with spears and they burned one alive. 

The barbarous attack on the police led to the death of innocent lives. Resham Chaudhary, the main accused of the incident, was facing life imprisonment. He is going to be released, according to the agreement. 

Mahantha Thakur- Rajendra Mahato faction of JSPN had made Resham Chaudhary’s release, withdrawal of the cases of the people ‘accused’ in various cases during Madhesh and Tharuhat movement, and amendment of the citizenship law the bargaining chip for their accession to power. 

Chaudhary is convicted by two courts.  On March 6, 2019, the District Court, Kailali, issued a verdict of life imprisonment for Resham Chaudhary, the main accused of the Tikapur incident. On December 18, 2020, High Court, Dipayal also continued the verdict of life imprisonment for him. 

The agreement of June 1 challenges the verdicts of these courts and defies the independence of the judiciary. 

Mahantha Thakur- Rajendra Mahato faction of JSPN had made Resham Chaudhary’s release, withdrawal of the cases of the people ‘accused’ in various cases during Madhesh and Tharuhat movement, and amendment of the citizenship law the bargaining chip for their accession to power. 

On April 28, the government decided to withdraw 120 cases of those accused during the Madhes and Tharuhat movements.

The government has come under fire for signing the six-point agreement. Oli in the past had promised to bring the guilty of the Tikapur massacre to book and he called those involved in Tikapur incidents ‘terrorists.’ In a bid to secure his position, he has taken such a sudden U-turn for amnesty of the perpetrators of the heinous crime.

However, former Foreign Minister Pradeep Kumar Gyawali, while talking to Nepal Live Today on June 3 claimed the government will not go against the constitution and law. He admitted that there has not been an in-depth study on these incidents and outlined the necessity of an objective assessment and investigation but said  “the guilty must be punished, the innocent must be spared…the idea is to secure the release of the innocent, not the guilty.” “The government will not commit any such activities which are prohibited by the constitution and the law.”

Geja Sharma Wagle, a political analyst who has been writing and observing about the peace process for a long time, said the KP Oli led the government’s decision on the withdrawal of the cases of the accused of the Madhesh and Thaurhat movements is only for serving Oli’s vested interest. “If cases of crimes of violence are withdrawn for someone’s vested political interest, that only promotes politicization of crime and criminalization of politics,” he said. 

According to Wagle, the agreement between the government and the Tharuhat Struggle Committee to release Resham Chaudhary and others and the decision to withdraw the 120 cases will motivate and institutionalize impunity. Such agreements have undermined the international treaties and conventions regarding the human rights of which Nepal is a signatory, he argued.  

“This will have serious negative impacts on human rights and transitional justice and lead to criminalization of the whole society at last,” warned Wagle.

Samikshya Baskota, a leader of the Bibeksheel Sajha Party, said the agreement was signed for the vested political interest of the KP Oli-led government. “To stay in power, the incumbent government can go to any extent. And, such agreements will promote the impunity culture and make the Nepali societies chaotic,” she added. Because of such acts from the government the criminals will think that they will not face any punishment even if they commit heinous crimes, she said.

Ex-Minister Gyawali, however, said that the government will not take any steps that promote and institutionalize impunity. “The government is actually saying that if there are cases which can be reviewed or pardoned according to the law and the constitution, the government will work in that direction,” he said.