The waning faith of the public in Nepal's courtrooms and (in)justice delivered should invoke a debate in the legislature about what the fundamental philosophy of our legal system should be. When foreigners ask us what legal system Nepal follows, we lawyers stumble a little and repeat what we were all taught in law school: ‘It is mixed with influences from the common legal system, civil legal system and Hindu legal system.’ Since Nepal was never colonised we have not fully embraced either the civil legal system from continental Europe, nor common law from Britain. Until 1990, the legal process resonated more with civil law traditions, then switching abruptly to common law practices. There has not been much legislative discourse on why we had that change of heart.&nbsp; Take a <a href="https://nepalitimes.com/opinion/i-speak-nothing-but-the-truth-your-honour">criminal trial</a> as example. The basic premise of the adversarial format is that judges sits as neutral umpires in trials. They use the arguments, facts and evidence produced by defense lawyers (representing the suspects) and prosecutors (representing the victim) to reach a decision and ruling. Compare this to a judge in a civil law/inquisitorial tradition. The judge is an active member of the trial process who participates in fact-finding public inquiry by questioning defence lawyers, prosecutors, and witnesses. They can even order certain pieces of evidence to be examined if they find the presentation by the defense or prosecution to be inadequate. In Nepali criminal cases, the judge is neutral so the police and prosecutors are charged with gathering evidence. The law states that the prosecutor should supervise the police as they investigate a case to ensure the police use only legal methods to obtain information. Read also: <a href="https://nepalitimes.com/opinion/guest-editorial/false-equivalence-in-nepal-academia">False equivalence in Nepal academia</a>, Aastha Dahal However, in reality the police and prosecutors are too busy to coordinate with one another. They also tend to dislike each other. In most cases police investigation reports are copied in whole by the prosecutor who adds a few short paragraphs at the end. And that constitutes the charge sheet: the legal document which sets out which crimes a suspect has committed and should be punished for.&nbsp; When Nepal’s legal system was more inquisitorial before 1992, our trial procedure was governed by the 1961 Government Cases Act (Sarkari Mudda Sambandhi Ain 2017). Prosecutors who served under this law speak fondly about their partnership with the police.&nbsp; I have spoken to prosecutors who recall walking together with the police for hours and days across the rural mountains to examine crime scenes. Together they would examine bodies and draw up reports. They never forgot the smell of death. This practice was abruptly brought to a halt when the Government Cases Act 1992 (Sarkari Mudha Sambandhi Ain 2049) repealed the 1961 law. The new law was predicated on adversarial practice. The police did the investigation in the field, prosecutors now sat in their offices and gave directives to the investigation team. The shift in power dynamics did not sit well with the police. The relationship between police and prosecutors became frosty and disrespectful as they undermined each other.&nbsp; Read also: <a href="https://nepalitimes.com/opinion/comment/comparing-maina-sunwar-and-resham-chaudhary-cases">Comparing Maina Sunuwar and Resham Chaudhary cases</a>, Aastha Dahal What this means for a criminal case is that evidence is not verified for its thoroughness during investigation. The disintegration of the process continues into the courts. One of the primary methods of obtaining evidence in a criminal case within courtrooms is through the accounts given by witnesses of the crime. According to Nepali law witness answers must be verified by the opposing lawyers through cross-examination, and through the presiding judge.&nbsp; Alas, procedure is often completely subverted. The law expressly states that all witnesses who testify in court must be examined in front of a judge. The part that judges 'must preside' over these proceedings was written in the 2017 Muluki Criminal Procedure Code. This provision sought to rectify the longstanding practice in Nepali criminal trials whereby the judge is mostly absent from witness examinations unless the case involves the rich and powerful.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20240305080344_fed47d470d051e9a554648b1b8a1dd4ed36b39ca2a2e619cb4f71137062619ec.jpg" data-media-id="editor_3" data-image-id="20240305080344_fed47d470d051e9a554648b1b8a1dd4ed36b39ca2a2e619cb4f71137062619ec" data-rendition-name="original" width="800" height="874" loading="lazy" alt="Nepali legal system"> <figcaption>Illustration: Bhanu Bhattarai/Nepali Times Archive</figcaption> </figure>  In practice, witness examinations are conducted by the administrative staff of the court. We are not taught how to conduct witness exams in law school or any legal professional training. So witness examination which tends to be critical to a criminal trial is just a formality. It feels particularly so when the court administrator snipes at us to finish questioning quickly, prevents us from introducing all witnesses we listed, and summarises what our witnesses say in their own often truncated language as opposed to verbatim. The judges have the power to question and verify statements but this is impossible when they are altogether absent from the proceedings. Read also: <a href="https://nepalitimes.com/opinion/comment/right-to-marry-in-nepal">Right to marry in Nepal</a>, Aastha Dahal In our 'mixed' legal system I've understood judges to have a varied perspective on their roles in the criminal trial. Many perceive themselves as neutral umpires envisioned in the common law adversarial system. Yet, some of their conduct says otherwise. For example, every day after 2PM in the District Courts, suspects arrested by the police are brought before a judge. The purpose of this meeting is to get permission from the judge to keep the suspect in detention as their case is being investigated.&nbsp; Nepal's Constitution mandates that these suspects should have their lawyers accompanying them. The judge has a role to ensure this. However, in most of these proceedings no lawyers are present. The judge curiously asks the suspect whether they committed the crime, how many kilos of drugs they carried. Action unpermitted by the adversarial common law philosophy of practice. &nbsp; If the leaning is towards the inquisitorial system and we argue that judges can be proactive then we do not have a system built for this either. Judges get cases they are to hear about an hour before the proceedings begin. They do not preside over evidence taking events such as witness examinations so they are realistically unable to control any part of the investigation or evidence gathering. Read also: <a href="https://nepalitimes.com/opinion/not-just-16-days-against-gender-based-violence">Not just 16 days against gender-based violence</a>, Aastha Dahal In this context, the legislator's role has to start from drawing out the philosophical basis of our legal system. Lawmakers needs to seriously consider whether it suffices to leave investigations to the police alone, or we need all parties like the prosecutors and judges taking on active roles in the investigative and trial processes. The fundamental consideration should be based on a practice that will increase the likelihood of getting to the truth and contribute to restoring public faith in our judiciary.&nbsp; The legislature of course need not be confined by influences of one colonial legal system or another. Like the International Criminal Court, it can draw lessons from major legal systems across the world, combine it with local experience to formulate a legal system and trial practice uniquely suited to Nepal.&nbsp; Aristotle said ‘the whole is greater than its sub parts’. Likewise, the opportunity to bring technology, critical thought and best practice to reform trials in Nepal is urgently needed.

Aastha Dahal

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Trials and tribulations

The <a href="https://www.nepalitimes.com/editorial/losing-our-moral-compass">Bhutanese refugee scam</a> passed the first phase of the trial in court vis-a-vis the bail hearing. All suspects pleaded not guilty to varying charges of cheating, organised crime, forgery and treason.
Sixteen suspects including former Deputy Prime Minister Top Bahadur Rayamajhi and his son Sandeep Rayamajhi, former Home Minister Balkrishna Khand, Ministry of Home Affairs Secretary Tek Narayan Pande, former security adviser to the Home Minister Indrajeet Rai and <a href="https://nepalitimes.com/editorial/the-tragedy-of-tek-nath-rizal-2g4dahmr">Bhutanese refugee leader Teknath Rizal</a> took the stand at the Kathmandu District Court. They explained how they are not involved in this crime. Rizal stunned the court with his final accusation that Khand, Rayamajhi and Pande were criminals.
No one was cross-examined.&nbsp;
Read also: <a href="https://www.nepalitimes.com/news/rot-at-the-top">Rot at the top</a>, Shristi Karki
Cross-examination is a process of questioning a suspect or witness when they speak in court. The opposing lawyer cross-questions the person on the stand to test the tenacity of their account by exposing weaknesses in their statement. Lawyers might also verify certain facts through it.
Professor John H Wignmore, considered an authority on evidence law, famously wrote that cross-examination is ‘the greatest legal engine ever invented for the discovery of truth’ as it forces people to answer questions they may not wish to. At the hands of skilled trial lawyers, it can expose lies methodically. Remember how American actress Amber Heard’s story unravelled once Johnny Depp’s lawyer cross-examined her.&nbsp;
In the Nepali trial, suspects almost always testify at the court. The Constitution grants them a right to silence but there is no need for most to exercise this right as they are not subject to any cross-examination.&nbsp;
Laws on criminal procedure state that the suspect should be questioned by the court. The legislature has not stipulated whether the authority to question lies with the presiding judge or with another court staff. Principles of fair trial would dictate that as suspects give evidence it should be done in front of a judge.&nbsp;
In our practice of law, suspects are questioned by the administrative staff of the court. The judge is often absent when suspects record their testimony. Except in cases like the <a href="https://www.nepalitimes.com/news/in-a-federal-kleptocratic-republic-of-nepal">fake Bhutanese refugee case</a> where the rich and powerful are on trial. For this case, Judge Prem Prasad Neupane listened to the testimony of all 16 suspects.
When suspects testify, they answer broad queries put to them by the court. Questioning resonates with how qualitative researchers investigate a participant’s story rather than grilling in a court of law.
One can speculate whether things would be different if the judges asked the questions as they do in many European countries. However, the idea of judges leading the questioning of suspects would be problematic under Nepal’s trial system.
Read also: <a href="https://www.nepalitimes.com/opinion/comment/comparing-maina-sunwar-and-resham-chaudhary-cases">Comparing Maina Sunuwar and Resham Chaudhary cases</a>, Astha Dahal
Last year, in a bid to mitigate corruption, cases started being allocated through the lottery to each judge. Each morning around 10:30AM judges are allocated cases they must hear for the day. The case hearings start at around 11AM. Judges have no time to study the case beforehand.
This is a contrast to trials in European countries where judges are actively involved in investigation and truth-seeking. Without serious study of the case, Nepali judges cannot realistically engage in a line of questioning that would help discern the truth from lies. Court administrators who tend to question the suspects are not trained in trial practice or interviewing.
Moreover, what makes the Nepali criminal trial further problematic is the fact that only the suspect evades cross-examination. If a victim of a crime or a witness is put on the stand they are cross-examined.
Nepali evidence law is clear. Only answers that are obtained through cross-examination can be admitted as evidence in a trial. There is no exemption for the suspect in the Evidence Act (1974). However, the Criminal Procedure Code (2017) signals an inconsistency with the Evidence Act by stipulating that the court, as opposed to lawyers, should question the suspect. Suspects’ answers untouched by cross-examination are then admitted as evidence.
There is an argument put forth by some lawyers and judges that the function of the suspect’s testimony in court is to verify what they said when interviewed by the police. As part of police investigations, suspects are interviewed by the police as soon as they are arrested. Laws of criminal procedure stipulate that suspects need to be interviewed by the police in the presence of the prosecutor. It is only after the police investigation is completed that suspects are formally charged for their crimes by prosecutors and presented to testify in court.
The idea is lofty yet far from practice. Suspects in most cases tend to confess to the police. In court they completely change their story, state that the police used coercion to force them to confess and plead innocence.
For example, in the hit-and-run case of Prithvi Bahadur Malla, in the police interview, Malla confessed that as a result of partying and sleep deprivation he briefly dosed off while driving and ended up hitting the pedestrian. At court he stated that the steering wheel of his car locked and the vehicle swung into the wrong lane hitting the pedestrian. Judge Surya Prasad Adhikari admitted his testimony to the court (as opposed to the police) as evidence. When stories change so dramatically there is nothing a suspect will verify off of their own accord.&nbsp;
Prosecutors have the burden to build the case and prove it beyond a reasonable doubt. They are busy people with an immensely high workload. Overseeing police interviewing at the arrest phase to have it thrown out by judges when the suspects change their story in court is a waste of their time.
If the idea is to refrain police from torturing people into confessing by having prosecutors present in interviewing, then we might consider videotaping police interviews. This way judges can verify any reports of torture. After all, there are accounts of prosecutors who have turned a blind eye to police torture.
Police interviews and cross-examination by lawyers require the use of different skills and techniques. Lawyers should be allowed to build cases inside courtrooms. If suspects wish to speak their truth they deserve the audience of a judge.
At the same time, the victim of a crime deserves to have the suspect’s account tested and verified by cross-questioning instead of being treated akin to an account of truth.
Aastha Dahal is a Kathmandu-based lawyer with a PhD in criminology from the University of Cambridge.

"I Speak Nothing but the Truth, Your Honour"

The monsoon has got bad press because Nepal’s tourism operators actively told visitors to avoid <a href="https://nepalitimes.com/opinion/managing-the-monsoon?%2F">the rainy season</a>. It is time to change that. The reason can be found right here in the vast alpine meadows of Central Nepal where this time of year you can walk on velvet grass of pastures abloom with delicate pink, red and yellow flowers as the mist rolls up the valley. There is no sound except the hum of bumble bees. &nbsp;&nbsp; There are dozens of places across high Nepal called Chaurikharka, which means yak pasture. But this particular Chaurikharka in Rukum East located at an altitude of 4,000m stands out for its serene beauty, rustic charm and bucolic setting. There is just the occasional chime of <a href="https://nepalitimes.com/here-now/when-yaks-go-so-does-culture">yak bells</a> in the distance, and the sharp whistle of herders corralling sheep. &nbsp;&nbsp; The grass shoots are so fragile that one hesitates to step on them, the rounded ridges appear and quickly vanish in waves of mist. With the<a href="https://nepalitimes.com/here-now/before-the-next-monsoon"> arrival of monsoon</a>, these meadows are a soothing shade of green dotted with millions of <a href="https://nepalitimes.com/review/the-anatomy-of-a-flower?%2F=">multi-coloured flowers</a>. Until very recently, it took a week or so to hike up to places like Chaurikharka, but with the expansion of the road network even to these far-flung mountains in the lap of Dhaulagiri, they are much more accessible. It is just a three-hour uphill from the Mid-Hill Highway on the border between Baglung and Rukum East.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250802130828_a0b06b494d751b2144ffbbf10894ea64b29e8aed844bc8c66171783abfaf4e16.jpg" data-media-id="editor_4" data-image-id="20250802130828_a0b06b494d751b2144ffbbf10894ea64b29e8aed844bc8c66171783abfaf4e16" data-rendition-name="original" width="2048" height="1365" loading="lazy" alt="Visit Nepal in the monsoon"> </figure>  Purists would say that such easy access devalues the sanctity of these remote high meadows, but it also means more people will be moved to treasure the experience, appreciate <a href="https://nepalitimes.com/banner/natures-fragile-gift-to-nepal">the value of nature </a>so they can take steps to protect it.&nbsp; To be sure, the <a href="https://nepalitimes.com/here-now/deadly-monsoon-in-nepal-turns-deadlier">monsoon season can be challenging for road travel</a>. The roads are rough even at the best of times, and in the monsoon they become muddy and treacherous, often blocked by<a href="https://nepalitimes.com/news/monsoon-deluge-in-nepal"> landslides</a>. But that could be precisely the kind of adventure that the more intrepid visitors crave. Improved road connectivity has already made Chaurikharka and places like Badimallika &nbsp;and other sacred lakes in the mountains of western Nepal popular with domestic tourists. What is driving this traffic is the urge to go to exotic new places and share videos and selfies on social media. Several of Nepal’s travel vloggers have visited Chaurikharka and popularised the place, enticing followers on TikTok or YouTube to retrace their footsteps. But even as they become more popular, these fragile and once-remote places should be protected from over-tourism.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250731110736_f97110b7cdc3e7f80d5877690948fc9f4c95a09c583deb23b07355491e6c5446.jpg" data-media-id="editor_8" data-image-id="20250731110736_f97110b7cdc3e7f80d5877690948fc9f4c95a09c583deb23b07355491e6c5446" data-rendition-name="original" width="1083" height="699" loading="lazy" alt="Visit Nepal in the monsoon NT"> </figure>  <h2>INCREASING FOOTFALL</h2> Chaurikharka is located in Bhume Rural Municipality of East Rukum, near the scenic valley of Dhorpatan in Baglung district. Even in the <a href="https://nepalitimes.com/banner/monsoon-culture">middle of the monsoon</a>, there is a steady stream of Nepali hikers trooping to these high pastures – especially during festival days like Saune Sankranti which this year was on 17 July and actually marks the auspicious beginning of the monsoon here. “This year the rains have not been as heavy and there have been some clear mornings when we could see everything from Dhaulagiri to Machapuchre,” says Khageswar Bhandari, who trekked up here from the road. “The flowers, the greenery and the snowy mountain views make this an incredibly unique place.”&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250802130824_1b9e26f2e9853fdfe69154bb42a7c9ea6da4bf4940efc1da99b304dcfbd7d3d9.jpg" data-media-id="editor_10" data-image-id="20250802130824_1b9e26f2e9853fdfe69154bb42a7c9ea6da4bf4940efc1da99b304dcfbd7d3d9" data-rendition-name="original" width="2048" height="1152" loading="lazy" alt="Visit Nepal in the monsoon"> </figure>  Chaurikharka is worthwhile to get to in any season, but it has a different charm during the monsoon. Word has spread and because it is now easy to get to from Baglung or even Pokhara, people have been flocking here.&nbsp; “Holidays and Saturdays see the largest crowds, with up to 500 visitors every day,” says ward chair Mankaji Pun of Bhume.&nbsp; There was a time not too long ago when local herders brought sheep, goats, cows, buffaloes, horses, and mules to graze here during the monsoon. Although there are still livestock around, animals have been replaced by visitors taking selfies. Read also: <a href="https://nepalitimes.com/here-now/the-monsoon-and-nature-s-arithmetic">The monsoon, and nature’s arithmetic</a>, Tom Robertson Ward Chair Pun says infrastructure development is his main priority. A foot trail to Chaurikharka was built last year by the Tourism Division Office in Kohalpur, but access via the Raniwas-Koipa road section still remains challenging.&nbsp; “If we get more budget, we can improve the road and facilities to make Chaurikharka the main tourist attraction of this region,” says Bhume Municipality Chair Hom Prakash Shrestha. “After that, we hope to promote Chaurikharka as a top tourist spot.”&nbsp; Economic activity is also picking up with the arrival of visitors, but there seems to be a need to manage the makeshift sheds made of corrugated sheets that spoil the beauty of the place. Tea shops and lodges are also available but facilities are basic. Kuldeep Neupane took a three-day trip from Ghorahi in Dang to visit Chaurikharka recently, and says: “This is an ideal trip to make a quick getaway and let nature recharge your mind and body. And it is much more fun with a tent, to watch the sunrise over the Himalaya or the mist blowing in.”

Visit Nepal in the monsoon

Two weeks ago, Prime Minister KP Sharma Oli announced jubilantly on social media that Nepal had achieved a historic annual growth of 81.8% in exports. He was right. Nepal’s trade did take a great leap forward compared to last year. But the dramatic rise was mainly due to processed soya bean oil.&nbsp; However, Nepal does not produce the edible oil it exports. In fact, the soya and palm oil that make up 44% of total exports are imported from Southeast Asia and South America, and simply re-exported, mostly to India.&nbsp; Under the SAFTA (South Asian Free Trade Area) Agreement, Nepal can export products to India duty-free if it has at least 30% value-added. Nepal’s traders have taken advantage of SAFTA even though the edible oils they export do not reach that value addition threshold. “The 30% value addition requirement is often only on paper,” says former commerce secretary Purushottam Ojha. “It is clear that simply packaging edible oils in Nepal does not fulfil the terms of the trade agreement.” Prime Minister Oli is aware of this, and even called Nepal’s export figures “fake” at an earlier event. The government is relying on other iffy figures to suggest that Nepal’s economy is strong and getting stronger. For example, the value of imports rose by 13.25% in 2024-25 compared to the previous fiscal year.&nbsp; Some of it was due to a jump in electric vehicle imports worth Rs 31.76 billion, but mostly it was because more wholesale soya oil was imported to be re-packaged and sold in India. The very fact that the government boasts about increased imports is an indication of how much it relies on taxing them for revenue. Touting such trade figures cannot be the basis to claim an economic rebound.&nbsp; “A jump in the value of imports can be interpreted as an increase in purchasing power, but it is not evidence of a stronger economy,” says economist Keshav Acharya. “Even though imports have increased, Nepal's domestic production and productive capacity have not improved.” Nepal Rastra Bank's semi-annual economic activity study report shows that industrial production was down in the first six months of the last fiscal year. This despite an increase in the number of new industries registered and investment commitments. Out of the Rs70.2 billion proposed foreign investment, Nepal received only Rs17.9 billion last year.&nbsp; Meanwhile, the rate of capital formation was limited to 24% last year, which is lower than the year before, suggesting that new investment, job creation and economic expansion all declined. If domestic production does not improve in relation to this year’s inflated trade figures, the outflow will put pressure on foreign exchange reserves like it did three years ago. At that time, Nepal borrowed from the IMF under its Extended Credit Facility Program to kickstart the economy.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025080710084_2cdaaa5795828c4a7de93a0604ba884ef0a8b8f24cccd939f6c24e279ab6058f.jpg" data-media-id="editor_0" data-image-id="2025080710084_2cdaaa5795828c4a7de93a0604ba884ef0a8b8f24cccd939f6c24e279ab6058f" data-rendition-name="original" width="1633" height="723" loading="lazy" alt="Nepal's bubble economy NT"> <figcaption>Source: NEPAL RASTRA BANK</figcaption> </figure>  The macroeconomy is on firm footing with foreign exchange reserves at a comfortable Rs2,520 billion in May, up 23% from last year. This was largely due to remittances, and partly due to a falling NPR exchange rate. Real estate transactions and the stock market index have also been climbing as a result of government policies to revive the sector.&nbsp; However, former executive director of Nepal Rastra Bank Nar Bahadur Thapa cautions: “This is not organic growth, it is the result of deliberate policy decisions to relax rules on real estate and stock markets transactions.” In reality, the sharp rise in land prices have increased the cost of production, and excessive monetisation of the real estate has become the main source of Nepal’s economic woes. The central bank has announced a slew of new policies, shifting the terms of loan repayment for industrialists and entrepreneurs, reducing interest rates, and injecting more working capital — all designed to inject adrenaline into the real estate and stock market sectors.&nbsp; When he was governor, Mahaprasad Adhikari made several financial reforms during the latter half of his tenure to stimulate the economy, including tightening credit flow.&nbsp; By the last fiscal year, additional financial reforms had resulted in a credit expansion rate of around 8%. As the pace of credit expansion slows, real estate prices have started to fall. This is actually beneficial to the economy, because it lays the foundation for improvements in land-related entrepreneurship, production, and the construction sector. Just because real estate and the stock market transactions increase, it does not indicate an economic turnaround — especially when manufacturing and productive sector continues to languish.&nbsp; “It is foolish to believe that real estate and the stock market have magically revived our economy. Agriculture employs more than half of the population, but it is in decline. Investment in the productive sector has not increased, and job creation has not increased.” Two years ago, Nepal’s industrialists, business leaders, and political leadership predicted a recession amidst a sluggish business, declining market demand, large-scale job loss, and a shrinking real estate and share market.&nbsp; Still, the economy grew by 3.36% in fiscal year 2023/24. In fact, Nepal’s economy has grown nominally over the last two decades even when all sectors of the economy are in decline.&nbsp; Says Keshav Acharya: “The growth in trade, real estate, and the stock market are bubbles. The real economy remains stagnant.”

Nepal’s bubble economy

The final investigation report on the crash of a Saurya Airlines jet on 24 July 2024 at Kathmandu airport has revealed flaws in the carrier’s technical operation procedures, poor monitoring by the Civil Aviation Authority of Nepal (CAAN) and gaps in the airport’s emergency response. Eighteen people including a child were killed, and only the captain survived as the plane plunged seconds after takeoff, crashing within the airport perimeter. This was the latest in a series of aircraft accidents in previous years, and further tarnished Nepal’s already poor aviation safety record and contributed to the country being retained in the EU’s air safety list. &nbsp;&nbsp;&nbsp; The circumstances in the Saurya crash were different from the Yeti Airlines crash in Pokhara in January 2022 that killed all 72 on board, and two Tara Air crashes in February 2016 and May 2022 on approach to Jomsom that together claimed 45 lives. However, all four tragedies were a result of negligence of carriers and crew, failure to follow procedures, regulatory slackness, and overconfidence. The Saurya crash, especially, was a glaring example of how an ailing airline broke its own rules to allow passengers, including non-employees, a joy ride to Pokhara on a maintenance ferry flight. CRASH REPORT The Final Investigation Report prepared by the Aircraft Accident Investigation Commission and released on the first anniversary of the crash last week carried a long list of rules that were ignored or broken, and of regulatory failure. The first mistake was to cram spares, tools and inflammable chemicals needed for the aircraft’s C-Check in Pokhara into the cargo hold flouting its own ground handling procedures.&nbsp; There was no check-in of passengers, some of whom were not even employees – even though regulations say only flight and maintenance crew should be on board a maintenance positioning flight. Many brought their own luggage into the plane and stored it unsecured in the cabin. There was no flight attendant to give a safety briefing to passengers. The load and trim charts given to the flight crew were rough estimates, and the total takeoff weight of the plane was 18,300kg plus or minus 200 kg. That would still have been all right, but there was a glaring mistake in the speedchart Saurya pilots were using to calculate the minimum takeoff speed (known as VR), and it had been wrong ever since the 21-year-old aircraft entered service with the airline in 2017. FAULTY DATA&nbsp; The Commission probed Flight Data Recorder inputs from previous takeoffs of the Canadian-built CRJ200-LR in 2023-2024 and found that the undetected error in the speedchart had caused the plane to pitch up at an abnormal rotation rate at least 18 times on previous takeoffs.&nbsp; Any rotation rate more than 3°/sec is regarded as unusual. But on at least two occasions, this aircraft with tail number 9N-AME had rotation rates of 5.8°/sec and 5.5°/sec, the second one was when the pilot who survived was flying in March 2024.&nbsp; On this particular day, the plane’s rotation rate was 6.5°/sec, causing it to go into a deep stall soon after takeoff, the Commission report said. Essentially, the plane was not flying fast enough down the runway to take off safely.&nbsp; It is not yet clear whether excess weight, unsecured luggage, wrong centre of gravity were also factors, but relying on a faulty speedchart for the given takeoff weight, the captain flying pulled back on the yoke before the plane had reached takeoff speed and at a pitch angle that was too steep. The investigation report says the plane then went into a deep stall and started banking right with the stick shaking. At this point, the flight officer on the right hand seat is heard on the cockpit voice recorder saying: “Whoa, whoa, whoa. Sir, Sir, Sir…” It then banked left before the pilot flying turned the plane sharply to the right again in an evasive action to avoid the parking aprons of the international and domestic terminals. Had he not done so, there would have been a disaster of a much greater magnitude at Kathmandu airport that day. The plane scraped the runway with its right wingtip, collided with a container having helicopter spare parts, and plunged into a gully east of the runway, exploding in a fireball. The investigation also noted that the impact forces seemed to be survivable for some occupants. The fire trucks took unnecessarily long to reach the site even though it was inside the airport perimeter. The absence of an ICAO-standard runway strip, inadequate rescue drills, lack of training, and a blocked emergency service gate leading to the crash site were cited as other factors. &nbsp;&nbsp; <h2>Timestamp of a Disaster</h2>  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250731110724_39cdd04693994ce6e55a5b302905c0fa4884fe85bed21ff0779bb1439f3a5725.jpg" data-media-id="editor_0" data-image-id="20250731110724_39cdd04693994ce6e55a5b302905c0fa4884fe85bed21ff0779bb1439f3a5725" data-rendition-name="original" width="778" height="826" loading="lazy" alt="Flouting rules caused Saurya tragedy NT"> </figure>  11:10:34 - The Saurya Airlines CRJ200 on the takeoff roll from runway 02. It had a takeoff weight of about 18,300kg, but the pilot’s speedcard had a previously undetected mistake about the minimum takeoff speed. 11:10:55 -The plane with tail number 9N-AME goes into deep stall soon after takeoff because it does not have enough speed to lift its weight. The plane also has an abnormally steep nose-up attitude.&nbsp; 11:11:03 - Without enough speed to generate lift, the plane banks right, then left and right again in CCTV photos taken from the domestic apron (below). If it had not banked right, it could have hit the aprons and terminal buildings. Seen parked is Saurya’s other CRJ200 with tail number 9N-ANM.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250731110732_608132f7225c649125cca2691dd6a6bf930984c5b359e888d7ad9e5eacce3afd.jpg" data-media-id="editor_1" data-image-id="20250731110732_608132f7225c649125cca2691dd6a6bf930984c5b359e888d7ad9e5eacce3afd" data-rendition-name="original" width="770" height="555" loading="lazy" alt="Flouting rules caused Saurya tragedy NT"> </figure>  11:11:08 - The plane scrapes the runway with its right wingtip, and falls into the gully. The captain is thrown off the left side of the cockpit and survives. 11:11:15: Plane explodes in a fireball inside the airport perimeter. Firefighters take time to reach the site because of lack of access road and a blocked gate. Read the full investigation report <a href="https://www.tourism.gov.np/files/9N-AME%20AIC%20Final%20Report.pdf">here</a>.

Flouting rules caused Saurya tragedy

American artist Peter Makela was in Nepal in 2022 on a Fulbright scholarship when he experienced the Matya festival in Patan in which devotees made the rounds of the city’s shrines.&nbsp;
He joined the procession, walking through 2,600 stupa and 140 bahal of the town. That immersion left a lasting impression.
As part of Gallery Mcube’s international residency program in Patan, he put his inspiration to canvas in the exhibition Yala Yatra: Walking, Working, Worshipping. The exhibition also coincides with this month’s Matya festival.&nbsp;
Makela has visited Nepal often in the past 11 years but he mostly stayed in and spent his time around Boudha. “This time I stayed in Patan, put the sites I wanted to visit on my map, and off I went,” he tells us. “Each of my artwork is inspired by the stupas and shrines in Patan that I visited.”
The stupa and Ganesh are recurring motifs in his watercolours, and the elephant gods are located in chaityas — reflecting the interplay and blending of the Hindu and Buddhist faiths in Kathmandu Valley.&nbsp;
The stupas and Ganesh are painted in vivid red, yellow, blue and green against abstract backgrounds meant to represent the sky.
“I use the sky as a backdrop because the sky has no border,” says Makela. “The four colours represent the four elements, the different Buddha families and also lights bouncing off of a rainbow.”
The use of just four colours for all the artwork stands out, and combined with the absence of heavy canvases, frames or stands render Makela’s art striking in its simplicity.&nbsp;
The Ganesh is always holding something and the art also portrays the elephant god’s sacred vehicle, the mouse.
While his vibrant stupas and Ganesh reflect the tangibility of Patan’s tradition and heritage, it is as if the backdrops with their shades of grey and red and yellow capture the soul of the city’s shrines.
“If you look closely, there is a sense of form and formlessness at the same time,” he says.&nbsp;
Makela walked 108 kora around the shrines during his exploration of the town, and in the process developed a spiritual connection with Patan’s heritage and traditions.&nbsp;
The exhibition connects with visitors on a deeper, more spiritual, level as well. And with it, they feel a sense of pride as well as the need to urgently preserve Patan’s heritage for future generations.
“Peter’s inclination and approach towards Nepali art and culture is fascinating, and it reflects in his work,” says Mcube curator Manish Lal Shrestha, whose international artist residency program promotes Nepal’s cultural heritage. &nbsp;&nbsp;
Yala Yatra: Walking, Working, Worshipping
1-5 August&nbsp;
10AM-7PM
Gallery Mcube, Patan

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