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Indra Dhoj Kshetri


Rayamajhi Commission indicts King Gyanendra; will he be prosecuted?

The High Level Probe Commission has implicated King Gyanendra guilty for the suppression of popular movement and embezzlement of state resources. Preliminary media reports quoting highly placed source at the Commission said the Commission has found King as the Chairman of the then Council of Ministers guilty for the atrocities. The Commission has also indicted around 170 persons including the King, then ministers, security officials and regional administrators as guilty of oppressing the People’s Movement.

The reports said the commission has recommended murder charges against the then home minister Kamal Thapa for provoking security personnel in killing pro-democracy activists. Thapa has been held responsible mainly for the killings in Dang and Kailai districts, where security personnel opened fire under his direct order. Besides, he will also be charged with the embezzlement of state funds. Similarly, the commission has recommended corruption charges against former vice-chairmen Dr Tulsi Giri and Kirti Nidhi Bista and ministers Tanka Dhakal, Sris Shumsher Rana and Badri Mandal.

The Commission led by former Supreme Court (SC) Justice Krishna Jung Rayamajhi is preparing to submit its final report to the government on November 17. The Commission was formed in May 2006, immediately after the success of April movement and worked for more than six months. It had interrogated 296 persons. 19 people were killed and over 5,000 injured in the suppression.

After the reports came into media, political speculations have begun whether the King will really be prosecuted. The report has clearly mentioned that the King is responsible for the atrocities. But still, it has failed to recommend any action against him. The Commission has pointed out towards the absence of laws that give the government right to take action against the King. It has advised the government and the parliament to inact proper laws and initiate actions.

The Mallik Commission Report on the atrocities and suppression of 1990 movement was never implemented. The Report was not implemented as the then attorney General Motikaji Sthapit advised the government that the report didn’t mention any legal ground for taking action against those found guilty. Learning lesson from the past, the Commission seems to be more alert this time. It has pointed out the legal basis for taking action against them. That’s why, the Commission said it is still studying security laws to recommend action against the chiefs of the Nepal Army, Nepal Police, Armed Police Force and National Investigation Department is concerned.

But the million dollar question is whether the King, who even denied the formality of responding to the queries of the Commission, would ever be prosecuted and penalized?

The Commission earlier expressed dissatisfaction over the government activities of rewarding those security personnel under interrogation by the Commission. The Commission member don’t seem convinced that their report will be fully implemented. The preliminary media reports seem intended to alert the people that this report doesn’t undergo the fate of Mallik Commission. Otherwise such a secret thing like recommending action against the Head of the State would never have been disclosed. Besides, after two weeks of the submission of reports, the Maoists are joining the interim government. And the memory of the dreadful suppression on the movement is still fresh among the general public. That’s why; it seems rather challenging for King Gyanendra to tackle the situation. The history, this time, may be changed that state of impunity can’t prevail longer.

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