<figure><img width="640" height="426" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111016118/636d14089c7e80680e0a9958jpeg.jpg" alt=""/><figcaption>Photo: Jan Møller Hansen</figcaption></figure>Nearly an entire generation of Nepali youth has grown up following the Comprehensive Peace Accord (CPA) that was signed on 21 November 2006, and which brought the Maoist insurgency to an end.
The accord marked the entry of the Maoists into democratic politics, effectively ending the war. But thousands of families of those killed, maimed or disappeared still <a href="https://www.nepalitimes.com/banner/12-years-later-justice-is-a-mirage/" target="_blank" rel="noopener noreferrer">wait for truth and justice</a>.
Signed 15 years ago on this day, the CPA pledged to ‘Investigate human rights violations and those involved in crimes against humanity’.
But 14 prime ministers later, the whereabouts of nearly 2,000 people who went missing during the war remains unknown. <a href="https://www.nepalitimes.com/latest/nepal-runs-out-of-excuses-to-address-war-crimes/" target="_blank" rel="noopener noreferrer">Conflict-era survivors</a> of torture, abuse, rape and families of those killed continue to wait for justice all these years later.
“State officials' reluctance to investigate and prosecute such serious crimes has exacerbated the suffering of victims, undermined the rule of law in post-conflict Nepal, and increased the risk of such violations in the future," says Meenakshi Ganguly, South Asia director at Human Rights Watch.
In 2015, the government formed the <a href="https://archive.nepalitimes.com/article/nation/truth-about-truth-commission,3565" target="_blank" rel="noopener noreferrer">Truth and Reconciliation Commission</a> and the Commission to Investigate Enforced Disappearances. Both received more than 60,000 complaints but not a single investigation has been resolved, said four rights organisations in a statement released on the anniversary of the CPA agreement.
Rather, the two commissions are being used as a pretext to prevent cases from moving through the regular courts. 
The current 5-party coalition government includes former enemies in the conflict: the Nepali Congress and the Maoists. Critics have said there is an unspoken agreement between them to delay the transitional justice process since so many of their senior leaders could be considered culpable for war crimes.
It was perhaps to deflect criticism from human rights groups and international watchdogs that Maoist leader Pushpa Kamal Dahal (who was known by his nom de guerre 'Prachanda' during the conflict) issued a statement on 21 November, saying that his party was committed to meet the obligations under the CPA on justice for wartime excesses.
'Although the conflict was brought to an end, the task of investigating events that occurred during the war and to provide victims with transitional justice remains,' Dahal said <a href="https://www.himalkhabar.com/news/126682" target="_blank" rel="noopener noreferrer">in the statement</a>, which was also published in English in The Kathmandu Post on Sunday. 'We are proud of what the revolution achieved, but we will probe and bring out wartime excesses.'
Amnesty International, the International Commission of Jurists, Human Rights Watch and TRIAL International issued a joint press release on Sunday stating that the promises made in the agreement have not yet been fulfilled 15 years later, there has been no progress in providing justice for the <a href="https://www.nepalitimes.com/opinion/nepal-must-reboot-human-rights-rule-of-law/" target="_blank" style="letter-spacing: 0.01em;" rel="noopener noreferrer">crimes and other offenses</a> committed against international law. 
“Nepal's transitional commissions have not been able to achieve anything in the last six years. These commissions have long since lost the trust of the victims,” says Mandira Sharma, Senior International Legal Adviser to the ICJ.
The commissions also drew much criticism for a clause that recommended <a href="https://www.nepalitimes.com/here-now/just-not-justice/" target="_blank" rel="noopener noreferrer">granting amnesty</a> to those that committed serious crimes under international law. After international pressure, the Supreme Court <a href="https://www.nepalitimes.com/latest/rights-groups-laud-nepal-supreme-court-ruling/" target="_blank" rel="noopener noreferrer">issued an order</a> to annul the provision, which the government has since implemented.
The statement from the four international organisations reinforced the Supreme Court's order to amend the law, while urging for timely justice and reparations for the victims. 
<a href="https://www.nepalitimes.com/editorial/rocky-transition-to-justice/" target="_blank" style="background-color: rgb(255, 255, 255); font-size: 15px; letter-spacing: 0.01em;" rel="noopener noreferrer">Nepal’s delayed transitional justice</a> and multiple cases of the perpetrators being set free by the court have diminished its credibility in the world community. In October 2020, the country was <a href="https://www.nepalitimes.com/latest/nepal-elected-to-2nd-term-at-unhrc/" target="_blank" rel="noopener noreferrer">elected to the second term at UNHRC</a> (United Nations Human Rights Council) even as it had failed in fulfilling human rights pledges at home, much to the criticism of activists.
All four organisations have called on the Nepal government to set a clear timeline for a reliable <a href="https://www.nepalitimes.com/latest/14-years-after-conflict-no-closure-in-nepal/" target="_blank" rel="noopener noreferrer">transitional justice process</a> with the needs of the victims at the forefront, to begin meaningful consultations with them and to fulfill their legal obligations.
Adds Meenakshi Ganguly of Human Rights Watch: "If justice is continually denied in Nepal, perpetrators of these international crimes committed during the conflict will be prosecuted abroad under international jurisdiction."

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Justice delayed, justice denied

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022111011110/636ccc399c7e80680e08bc0fjpeg.jpg" alt="" width="1280" height="853"/><figcaption>Photo: NEPALI TIMES/ARCHIVES</figcaption></figure>Communist parties the world over are obsessed with anniversaries. October Revolution Day, Mao Zedong’s Birthday, North Korea’s Day of Victory in the Great Fatherland Liberation War, etc.In Nepal, the Maoist party used to commemorate its <a href="http://archive.nepalitimes.com/article/editorial/20-years-wasted-in-war,2850" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/article/editorial/20-years-wasted-in-war,2850&amp;source=gmail&amp;ust=1613472954817000&amp;usg=AFQjCNHGEznCvktgEt5usFy1rycNiTsQxA">‘People’s War Day’ on 13 February</a> with much fanfare. This year, except for a book launch by former Maoist ideologue Baburam Bhattarai, the anniversary went largely unmentioned and unnoticed.Perhaps it was intentional, since the warring sides now represent the state, and the Maoists who were till 2006 executing UML cadre, have joined hands in the NCP. They are each other’s throats again, but that is another story.For the former guerrilla commanders, this is no time to rake things up and mark the anniversary of an armed struggle that ended up killing more than 17,000 Nepalis in ten years.It was on the night of <a href="http://www.nepalitimes.com/blogs/thebrief/2015/02/16/making-war-on-the-day-of-love/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://www.nepalitimes.com/blogs/thebrief/2015/02/16/making-war-on-the-day-of-love/&amp;source=gmail&amp;ust=1613472954817000&amp;usg=AFQjCNFpDc6yTgkFhvUV75qSDT5o5vcMuQ">13 February 1996</a> that a group of Maoist guerrillas led by Nanda Kishore Pun and Barsha Man Pun crept up a mountain and attacked a police post in Holeri of Rolpa district. <a href="http://archive.nepalitimes.com/blogs/thebrief/2015/10/31/ex-guerrilla-is-vice-president/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/blogs/thebrief/2015/10/31/ex-guerrilla-is-vice-president/&amp;source=gmail&amp;ust=1613472954817000&amp;usg=AFQjCNH8FobNTS5watPUN4BU8Gnm_WuKPA">Nanda Kishore Pun</a> is now vice-president of the republic, and Barsha Man Pun was till December Energy Minister in the NCP government.The ‘revolution’ began <a href="http://archive.nepalitimes.com/blogs/thebrief/2015/02/16/making-war-on-the-day-of-love/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/blogs/thebrief/2015/02/16/making-war-on-the-day-of-love/&amp;source=gmail&amp;ust=1613472954817000&amp;usg=AFQjCNGZ5eDzMaf5LfBl1IOrQg778aVc4w">a day before Valentine’s </a>with simultaneous attacks on police stations in Gorkha, Kavre, Sindhuli. A week previously, Bhattarai had handed over a list of 40 demands with a two week ultimatum to Prime Minister Sher Bahadur Deuba. Among them: a ban on Hindi movies, scrapping of the 1950 India-Nepal treaty, stopping Gurkha recruitment and curtailment of the power of the monarchy.Deuba ignored the demands, most of which were beyond his power to fulfill. In any case, the Maoists had no intention of waiting two weeks, and launched the attacks with World War I vintage rifles and khukri.Deuba was too distracted with infighting within his Nepali Congress party, and ignored the escalating violence in the countryside. When he did react, police retaliation was so brutal and arbitrary it ended up pushing ordinary people, who had wanted no part in the war, into the Maoist fold.The Maoist rationale for armed struggle was the belief that feudalism was so deeply entrenched in Nepal that parliamentary democracy was no solution. A Mao-style protracted armed struggle was needed to counter the structural violence of the state. This was partly true. The state apparatus had tried to ensure in successive elections in the early 1990s that Samyukta Jana Morcha, the electoral front of the Maoists, would not be able to expand its presence in the party’s stronghold in the mid-western mountains.The insurgency was an attempt to short-circuit liberal democracy and constitutional monarchy that had just been established six years previously through the first People’s Movement of 1990.In fact, the outlines of a new Nepal were just starting to appear: the open market was attracting foreign investors, jobs were being created, the press was free, and the Decentralisation Act devolved power to the grassroots for the first time. The impact of accountable local government on development and service delivery was starting to be felt when the insurgency ignited.For the Maoists, who believed political power came from bullets not ballots, these elected <a href="http://archive.nepalitimes.com/regular-columns/This/noble-ends-noble-needs,620" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/regular-columns/This/noble-ends-noble-needs,620&amp;source=gmail&amp;ust=1613472954817000&amp;usg=AFQjCNEj9I7GF-kwmEz5hM-b1eSF3j1lgA">village government units became rivals</a>. Which is why, after the police, their first targets were popular local leaders. By the end of the conflict in 2006, most village council buildings had been bombed and local leaders had either been killed, or forced to flee.There is no doubt that for the Maoist leaders as well as the forces inside and outside Nepal  backing them, the sole purpose of the armed struggle was  power. However, because the objective conditions for revolution were so conducive due to social injustice, exclusion and inequity, the spark the Maoists lit in Holeri in 1996 spread like wildfire.Twenty-five years after the war started, and nearly 15 years after it ended, there is not much to show for it. Yes, Nepal is now a secular, federal republic, but that has not made much of a difference to the everyday life of citizens. In fact, the promise and sacrifices of the revolution have been squandered, and parties calling for a rollback of a Hindu state and even monarchy are gaining traction.The Maoist party is itself divided between those in the government of Prime Minister K P Oli and others loyal to Maoist supremo Prachanda. Other former UML leaders have joined hands with erstwhile Maoist comrades. Wartime excesses have not been addressed, and the state is actively ensuring that the transitional justice mechanism is toothless.The end of war has not meant peace. The legacy of war can still be seen in the residual violence and impunity, the message is that you can get away with extortion and murder, rape and torture.An armed struggle was not necessary for political change in 1996, violence was never the answer. However, the precursors of conflict are still present in Nepal, and history can repeat itself unless we build a just, egalitarian, inclusive and accountable polity.

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End of war is not peace

<figure><img width="1404" height="952" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109181120/636be1a69c7e80680e083e5ejpeg.jpg" alt=""/><figcaption>The Dum Dum Central Correctional Home in Kolkata where Dipak Jays has spent the last 15 years of his 40 year incarceration without trial.</figcaption></figure>The mother of a Nepali man who has been languishing in a Kolkata jail without trial for the past 40 years has finally found out his whereabouts after efforts by journalists, lawyers and even amateur ham radio enthusiasts in India and Nepal. Dipak Jaisi had been arrested in 1981 in Darjeeling and was moved to Dumdum Central Correctional Home near Kolkata 15 years ago, where a fire destroyed all records of inmates. <a href="https://www.himalkhabar.com/news/120334" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=https://www.himalkhabar.com/news/120334&amp;source=gmail&amp;ust=1605795110624000&amp;usg=AFQjCNH_CM6fwmKzvItT60S-NZ4ns43VSQ">Himal Khabarpatrika reported Jaisi’s story</a> on 10 November, said that there were no records of whether he had family in Nepal, and whether they knew what had become of him. Within a week of the story appearing online, Jaisi’s family in Mai Municipality of Ilam district in eastern Nepal read it and came forward.Family members contacted the magazine on Tuesday and said that Dipak’s real name was Dupta Prasad Timsina, and he had gone to Darjeeling in 1981 and had not been heard from since. It is now known that Dipak has a 81-year-old mother Dhanmaya, two younger brothers and two sisters. His father Champakhar Timsina is dead. His nephew Dilnath Phuyal is principal of Mahendra Ratna Campus in Ilam. Dilnath was doing his PhD in Kolkata in 2008 when he heard that his uncle was in a jail there, but although he looked for him there were no leads. Last year, a Darjeeling based lawyer Gunjan Sherpa had found out about Dipak’s whereabouts and told the family about him.“We are happy that he has been found, and now we will try to get him released and bring my uncle home,” said Dilnath Phuyal. <figure><img width="898" height="1052" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109181120/636be1a99c7e80680e083e5fjpeg.jpg" alt=""><figcaption>Dipak Jaisi’s 81-year-old mother Dhanmaya Timsina was finally traced to a town in Ilam this week.</figcaption></figure>Dipak Jaisi, who is now about 62, left his home in Ilam to find work in Darjeeling, but was arrested for an unknown crime. No one bothered to take the court process forward, he was left in jail in Darjeeling and later for some reason was transferred to Kolkata. Meanwhile, Dipak’s family had moved to another town in Ilam, and his efforts to reach them failed.The story only came out when Dipak’s fellow inmate Radheshyam Das was released from the same detention facility in Dum Dum, and he told lawyers in Kolkata about a Nepali man in jail without trial. Das had first informed the Nepal Consulate in Kolkata about Dipak, but says the mission did not show any interest.<a style="font-size: 15px; letter-spacing: 0.01em;" href="https://archive.nepalitimes.com/news.php?id=18621" target="_blank" rel="noopener noreferrer">Guilty until proven innocent</a>, Kunda Dixit<a style="font-size: 15px; letter-spacing: 0.01em;" href="https://archive.nepalitimes.com/article/nation/nepalis-from-chitwan-to-chidoya,4110" target="_blank" rel="noopener noreferrer">From Chitwan to Chiyoda</a>, Kunda DixitThen he approached ham radio operators at the West Bengal Radio Club which uses shortwave radio communications during disasters for information and relief. The Club’s Ambarish Das Biswas contacted ham radio contacts in Nepal, and then wrote to Nepal’s former Okhaldhunga High Court judge Bidur Bikram Thapa on 31 October to see if he could help trace Dipak’s family.https://www.youtube.com/watch?v=pjeCc3WuYMY&amp;feature=emb_logoThapa then initiated a process through his colleagues in the Indian judicial system to file a writ of habeas corpus in West Bengal to get Dipak home. Last week, Biswas met Dipak in jail, but kept getting the name of the town in Ilam where his parents earlier lived, and that drew a blank when local authorities looked for them. “The Nepali Consulate in Kolkata knew about a citizen in jail, but did nothing,” Thapa said. “Why do we have a consulate at all? After all, we were not asking them to release Dipak, just to help find his family.”'<a href="http://archive.nepalitimes.com/blogs/thebrief/2017/07/16/insallah/" target="_blank" rel="noopener noreferrer">'Insallah''</a>, From the Nepali Press<a style="font-size: 15px; letter-spacing: 0.01em;" href="http://archive.nepalitimes.com/blogs/kundadixit/2011/07/21/justice-for-govinda/" target="_blank" rel="noopener noreferrer">Justice for Govinda</a>, Kunda DixitKolkata lawyer Hirak Singh finally met Dipak twice last week, it was revealed that he might have been arrested on a murder charge. However, there are no documents to prove this since all evidence was destroyed in the fire. Singh is now trying to get jail records from Darjeeling.Ilam-based writer Kedar Sharma played a major role in finally tracing Dipak’s family in Mai Municipality after tracking them from their earlier domicile. In Kolkata, Consul General Ishwar Raj Poudel said: “The mission is moving to meet Dipak in jail and get him released and send him home.”Hirak Singh says years of incarceration have affected Dipak mentally, and he speculates that the reason he was not brought to trial could be because he was deemed to be of unsound mind. Singh is waiting for the papers to arrive from Darjeeling and move the high court for his release and eventual return to Nepal.A long version of this story in Nepali is available at <a href="http://himalkhabar.com/" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://himalkhabar.com&amp;source=gmail&amp;ust=1605795110624000&amp;usg=AFQjCNEYsCN2oQyVO6RrFKr3xArp6g3Ceg">himalkhabar.com</a>

Nepali jailed 40 years without trial in Kolkata

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101120/636b713c9c7e80680e0600bfjpeg.jpg" alt="" width="1500" height="1340"/><figcaption>Photo : MANISH PAUDEL</figcaption></figure>On 10 January, 24-year-old Dilip Mahato was killed for opposing the ‘Crusher’ industry in Dhanusha that was illegally mining sand from a river. This week, another Dhanusha native, former president Ram Baran Yadav, spoke to Nepali Times about the Chure conservation program he initiated.Nepali Times: Dilip Mahato was murdered in your home district, and your former constituency. What does his killing tell us?This is a grave crime. Dilip had been mobilising the villagers and talking about Chure conservation. The people were responding to it positively. Those who were earning millions from illegal mining of the river beds were alarmed. So they murdered him.Read also: <a href="https://www.nepalitimes.com/editorial/crushers-of-justice/" target="_blank" rel="noopener">Crushers of Justice</a>, EditorialWhy does the trade in boulders and sand have to lead to murder?The price of aggregate and sand for construction is sky-high right now. The materials are even exported to India. Money is at the crux of the matter. Everyone wants to become rich quickly by selling natural resources. Businessmen, mafia dons, police, local administration, and elected representatives are all complicit. One river is contracted out for Rs50-70 million. Malpractice increased after the practice of allocating money for Chure development shifted to the local administration.The crusher industry is also influential in politics: many have parliamentarians on their pay roll, and some owners are even MPs themselves. They do not care what the exploitation of rivers will do to the environment, or what kind of earth we are leaving behind for future generations. Dilip was fighting to protect our future, and he paid for it with his life.What environmental impact does this river extraction have on the Tarai? More than half of the Chure’s forests have been destroyed in my lifetime. <a href="https://www.nepalitimes.com/editorial/flood-of-recrimination/" target="_blank" rel="noopener">Rivers and wetlands are drying</a> in the Tarai, and the groundwater table has receded. Water scarcity is increasing in the eastern and central Tarai. In summer, people come to the highways carrying drums on bullock carts to fetch water. Fewer migratory birds winter here now. Human-wildlife conflict is increasing. The Tarai used to be our breadbasket, and we used to export grain till 40 years ago. That is no longer the case.Read also: <a href="https://archive.nepalitimes.com/page/crushing-tale-of-Chure" target="_blank" rel="noopener">Crushing tale of the Chure</a>, Sameen Raut and Dinesh PanthiWhile you were President, you established the President Chure Conservation Program, and there is also a Chure Conservation Master Plan. But the present government has not heeded the reports.The 20-year Chure Conservation Master Plan outlines activities to conserve the Chure. The government has included it in its National Pride Projects, but Parliament has not made any laws pertaining to it. That shows that the government is not serious about it.All the construction projects in the Chure negatively impact its natural resources, for example the East-West Highway that was built right across the jungles. An east-west railway is being constructed at a distance of 20-30 km from the highway. The proposed mid-hill highway runs parallel to it, and the postal highway is under construction too. Another proposed highway, the Madan Bhandari Road, is being built from Jhapa to Dadeldhura. The impact of these 4-lane highways on the environment was not considered. That shows the government is not serious about the environment.What do you say about the proposed Nijgad airport? The government just wants to destroy our last remaining jungles. It wants to chop down the forest to build a new capital in Kailali. <a href="https://www.nepalitimes.com/banner/does-nepal-need-a-4th-international-airport/" target="_blank" rel="noopener">Do we need a fourth international airport</a> when international airports are already under construction in <a href="https://www.nepalitimes.com/from-the-nepali-press/sick-airport/">Bhairawa</a> and <a href="https://www.nepalitimes.com/banner/pokhara-nepals-new-aviation-gateway/">Pokhara</a>? This is just immature. If we don’t listen to conservationists, the Tarai will become a desert in a few decades.Laws should be made to implement the Chure Master Plan, and an environment-friendly policy drawn up. But this subject is never raised in the federal Parliament. All three levels of the government should be active, and the government should understand that once you tamper with nature, the effects are irreversible.Read also: <a href="http://archive.nepalitimes.com/news.php?id=19811" target="_blank" rel="noopener">Help save the Chure Hills</a>, Tirtha B Shrestha

“Business, bureaucracy and politicians all plundering the Chure”

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101120/636b71259c7e80680e0600b7jpeg.jpg" alt="" width="1100" height="1031"/><figcaption>Illustration : DIWAKAR CHHETRI</figcaption></figure>The Nepal Communist Party (NCP) government completes two years in power next month. Despite its <a href="https://www.nepalitimes.com/editorial/two-thirds-empty/" target="_blank" rel="noopener">strong majority</a>, the party’s performance has been underwhelming.It may look like the NCP is just lurching from one embarrassing cockup to another. But there are signs the party may have A Plan. That all along, it has been aiming not for ‘stability and prosperity’, but for the <a href="https://www.nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them/" target="_blank" rel="noopener">extension of control</a>, the <a href="https://www.nepalitimes.com/editorial/rule-by-law/" target="_blank" rel="noopener">stiffling of dissent</a>, the intimidation of critics, the <a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">muzzling of the media</a> and the constriction of civil society. There is even a systematic strategy in place to roll back the development gains of the past decades.Read also: <a href="https://www.nepalitimes.com/latest/14-years-after-conflict-no-closure-in-nepal/" target="_blank" rel="noopener">14 years after conflict, no closure in Nepal</a><a href="https://www.nepalitimes.com/editorial/crushers-of-justice/" target="_blank" rel="noopener">Crushers of justice</a>, EditorialGiven that power is centralised in Baluwatar, the plan is obviously being hatched at the Prime Minister’s Office. There may be a <a href="https://www.nepalitimes.com/here-now/which-way-nepali-politics-in-2020/" target="_blank" rel="noopener">power struggle at the top</a> between Prime Minister Oli and his comrade Pushpa Kamal Dahal, but on matters of control and domination the party has <a href="https://www.nepalitimes.com/here-now/one-body-two-heads/" target="_blank" rel="noopener">one body with two heads</a>.The Cabinet has zero accountability and no performance evaluation. Instead, ministers regularly threaten critics with crude scare tactics. They take their cues from Prime Minister Oli, who last week accused editors in the Nepali media of being “without hearts”. It is true that the criticism of Oli across a broad-spectrum of the national media over <a href="https://www.nepalitimes.com/here-now/the-business-of-politics-undermines-nepals-democracy/" target="_blank" rel="noopener">his dealings with the Yeti Group</a> has been relentless, but we have received no satisfactory explanation of why the consortium gets preferential treatment in leases of former royal property by the Nepal Trust.The government’s actions over the past two years may seem ad hoc and haphazard, but taken together there appears to be a method to the madness. Let’s take the <a href="https://www.nepalitimes.com/banner/no-speaker-no-parliament-in-nepal/" target="_blank" rel="noopener">sidelining the NCP’s own Shivamaya Tumbahangphe</a> and the bullheaded approach to replace a <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">rape-accused Speaker</a> with a murder-accused Speaker. If we had to cite just one example of why there is <a href="https://www.nepalitimes.com/latest/getting-away-with-murder/" target="_blank" rel="noopener">impunity and blatant flouting of the rule of law</a> in this country, the appointment of <a href="http://archive.nepalitimes.com/blogs/thebrief/2011/05/31/hearing-set-for-case-against-minister-agni-sapkota/" target="_blank" rel="noopener">Agni Sapkota</a> to the post of Parliament Speaker is it.Read also: <a href="https://www.nepalitimes.com/banner/no-speaker-no-parliament-in-nepal/" target="_blank" rel="noopener">No Speaker, no Parliament in Nepal</a>, Sewa BhattaraiEver since the end of the conflict 14 years ago, the Maoists, the UML, NC and the security forces have been <a href="https://www.nepalitimes.com/banner/yesterdays-enemies-todays-comrades/" target="_blank" rel="noopener">partners in crime</a> in sweeping their combined <a href="https://archive.nepalitimes.com/article/editorial/state-of-impunity,2976" target="_blank" rel="noopener">wartime atrocities</a> under the carpet. Families of the victims and survivors of the war demand justice and truth, but every government since 2006 has tried to rig the <a href="https://www.nepalitimes.com/banner/12-years-later-justice-is-a-mirage/" target="_blank" rel="noopener">transitional justice</a> mechanism, and not a single perpetrator has been brought to trial. In fact, perpetrators get to lead Parliament.Agni Sapkota is accused of murdering <a href="https://www.himalkhabar.com/news/111027" target="_blank" rel="noopener">Arjun Lama, an activist of the UML</a>, in Kavre in 2005. The irony of it all is that the UML and the former Maoists are now unified in the Nepal Communist Party. After years of struggling for justice for her husband, Purnimaya Tamang finally told this paper this week: “I have lost all hope for justice now.”Pushpa Kamal Dahal may have been technically right in stating last week in Chitwan that he was responsible for the deaths of “only” 5,000 of the 17,000 people killed during <a href="https://www.nepalitimes.com/latest/nepals-transition-to-peace-needs-justice/" target="_blank" rel="noopener">the conflict</a>. But who is keeping count? If this vulgar non-repentance rattled many Nepalis, imagine what it did to the families of the disappeared and the survivors of that terror-filled decade.One of the provisions of the Comprehensive Peace Accord signed in 2006 was the establishment of a <a href="http://archive.nepalitimes.com/regular-columns/One-To-Many/victims-waiting-for-justice,698" target="_blank" rel="noopener">Truth and Reconciliation Commission (TRC) and a Commission for Investigation on Enforced Disappeared Persons (CIEDP)</a>. But all governments since have conspired to make these commissions ineffectual by appointing party loyalists to their senior positions so that no one ever has to answer for war crimes. This week, the NCP and NC appointed new handpicked commissioners to the TRC and CIEDP.Aside from transitional justice, the NCP has been trying to dismantle just about every sector in which Nepal has done well. There are <a href="https://www.nepalitimes.com/from-the-nepali-press/taking-away-forests-from-communities/" target="_blank" rel="noopener">attempts to dilute the laws</a> governing <a href="https://www.nepalitimes.com/banner/who-now-owns-nepals-forests/" target="_blank" rel="noopener">community forestry</a>. Pushpa Kamal Dahal hinted in Madi last week that he intended to change the by-laws governing Chitwan National Park. Under pressure from the fossil fuel lobby, the Finance Ministry is said to be thinking of scrapping <a href="https://www.nepalitimes.com/banner/nepals-electric-transport-future-is-here/" target="_blank" rel="noopener">the tax rebate on electric vehicles</a>. And this week, the Home Ministry was reported to be drafting a new Social Organisations Act which will allow it to close down non-government organisations it does not like.Taken together, it is not hard to see what the NCP has been working hard to do in the past years. In an Orwellian sense, when the party said ‘stability’, it always meant ‘control’.<h2>10 years ago this week</h2>...The <a href="http://archive.nepalitimes.com/news.php?id=16728" target="_blank" rel="noopener">analysis by Ashutosh Tiwari</a> in <a href="http://archive.nepalitimes.com/issue/486" target="_blank" rel="noopener">issue #486 of 22-28 January 2010</a> shows us how the power centre may have shifted in the last ten years, but the lust for power among our political leaders remains the same. As two Communist alpha males continue to battle it out in the ruling NCP, the latest casualty is the post of Speaker, with the sidelining of Shivamaya Tumbahangphe in favour of a murder-accused candidate: Even accounting for politicians’ lust for power, what’s wrong with our particular democratic structure that keeps on returning the same old politicians to power no matter how many Roman numeral andolans we have?On the outside, our system has the requisite avatar of a democracy (multiple parties, elections, political horse-trading, etc). Dig deeper, and you will find that it’s not the voters who call the shots but the party leaders, who have designed their parties’ internal structures in such a way as to keep them in power for as long as they live. Voters can express resentment, but come election time, they have to choose among the same menu of candidates.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101120/636b71289c7e80680e0600b8jpeg.jpg" alt="" width="513" height="800">...

THE TWO - YEAR ITCH

<img width="893" height="365" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60c99c7e80680e056e98jpeg.jpg" alt=""/>Rautahat MP Mohammad Aftab Alam, currently in police custody charged with murder, has refused to take a polygraph test, angering the police and making a mockery of the law. In fact, everything about this case has been mocking the rule of law for the past 12 years.Before Nepalis could enjoy Dasain and witness C<a href="https://www.nepalitimes.com/banner/what-is-xi-jinpings-big-surprise/" target="_blank" rel="noopener">hinese President Xi Jinping’s visit</a> this month, they were shocked by the revelation of the Rajpur Farhadwa massacre, which had been covered up since 2008, and its perpetrators had gone scot free. The terrifying stories that have surfaced have shocked the nation, offering proof of the criminalisation of politics and politicisation of crime in Nepal.  Nepali Congress politician Aftab Alam is accused of burning dozens of people alive in a brick kiln. A day before the first Constituent Assembly election in 2006, several people were making improvised explosives bombs at a farm house in Rautahat, Farhadwa - 4. The house belonged to Sheikh Idris, a deceased NC politician and relative of Alam.An influential leader in Rautahat, Aftab Alam wanted to win the CA election at any cost, and decided to import Indian bomb-makers to place explosives at various election booths to scare voters and capture the booths. He had collected raw material for bomb-making, arms and ammunition from across the border.  While the explosives were being assembled, they accidentally went off at the farm house, killing three people and injuring many. Those injured were rendered unconscious with injections, and thrown into the furnace of a nearby brick kiln along with the bodies of the dead. The number of those whose bodies were disposed of that day is not known, but is said to be more than 20, including the professional bomb makers from India.Alam's apt nickname in the district is 'Tiger', and he did not want the injured to reach a hospital, and the truth to come out. The police would have taken their statements and conducted autopsies on those killed. He feared a backlash against him a day before the election, which would cost him the coveted CA seat. Instead, he resorted to an inhumane way of ‘managing’ the causalities, depriving the living of treatment and the dead of proper funeral rites.What was even more scocking was the coverup that followed in which the Nepali Congress, local police and bureaucrats appeared to be involved. The local administration seems to have assisted Alam in removing evidence of the massacre, and threatening witnesses and relatives.According to a field report by the human rights group INSEC (Informal Sector Service Centre) immediately after the crime, residents said it was the police themselves who escorted the tractor with victims to a brick kiln owned by a family member of Alam. Some of the victims were still conscious and weeping, and behind them in a car was Alam himself. Relatives and residents were terrified by what they saw. The house damaged in the blast was soon repaired, the brick kiln demolished, and all evidence destroyed.Police inspector at the time Indra Subedi was the first police officer on the scene, but was mysteriously transferred away the same night, suggesting political collusion in the coverup. Now a DSP at police headquarters in Kathmandu, he says there was no time to even start an investigation.Read also: <a href="https://archive.nepalitimes.com/article/editorial/state-of-impunity,2976" target="_blank" rel="noopener">State of Impunity</a>, Editorial <figure><img width="500" height="355" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60cb9c7e80680e056e99jpeg.jpg" alt=""><figcaption> </figcaption></figure>The families of deceased Trilok Pratap Singh and Vasi Akhtar Miya organised a press conference immediately after the incident. Miya’s mother Ruksana Miya filed a complaint at the police station, but she was also murdered -- found dead a few days later with a bullet wound in her temple. There has been no investigation of any of the other deaths.Read also: <a href="http://archive.nepalitimes.com/news.php?id=18693#.XbFoV5IzbIU" target="_blank" rel="noopener">The lords of Impunity,</a> Kanak Mani Dixit Victims were too scared and traumatised for many years, and shuttled from one government office to another. Often, officials gave them answers like "there was lack of proper investigation", "there is insufficient evidence", and "it is not necessary to file a case". The district police office, government attorney’s office, the courts, and the attorney general’s office all seem part of the nexus to protect Alam.The Farhadwa massacre is a crime against humanity, committed by the powerful to protect their power. It was covered up for more than a decade with active collusion of politicians, police and successive governments. Alam himself was elected to the constitution-drafting assembly, benefitting from respect and government protection, while the families of those massacred lived in sorrow and were threatened by the state into submission and silence. The Nepali Congress was unwilling to accept any action against Alam when the Maoist party had the majority in the CA with the Congress in the role of opposition. As the political power play continued during the post-war transition, Alam avoided investigataion and evaded justice. A Supreme Court verdict four months ago forced the state to arrest him. On 21 June, a Supreme Court bench of judges Anilkumar Sinha and Kumar Regmi ordered the Attorney General, Police Headquarters and the District Police of Rautahat to implement earlier court verdicts and present a detailed, updated report of the case to the court within 30 days.Read also: <a href="https://www.nepalitimes.com/banner/justice-for-sale/" target="_blank" rel="noopener">Justice for Sale</a>, Tufan Neupane  <figure><img width="640" height="416" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60cd9c7e80680e056e9ajpeg.jpg" alt=""><figcaption> </figcaption></figure>While this is a shocking tale of impunity and lack of the rule of law, it now sends the message that the judiciary's role is being respected. The Farhadwa massacre is a litmus test for independent legal prosecution.Combined with the arrest of <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">Speaker Krishna Bahadur Mahara</a> on a charge of attempted rape, the prosecution of MPs who have resorted to violence and vandlaism in the past month show that no one can get away with crimes just because they wield power and political clout. This has restored a level of confidence in the rule of law.A lot now will depend on whether the Mahara and Alam investigations are independent and the verdicts are implemented. Alam’s emissaries are already trying to woo the relatives of the victims with money, imploring them to take back their accusations. The victims are terrified that if Alam is released, their lives will be in danger.Mahara himself is said to be reluctant to give up his Speaker's chair, and is resisting persecution, alleging a political conspiracy against him by rivals. Everyone who had a part in committing or covering up the Fardawah massacre must be brought under the purview of the law and receive maximum punishment. Justice in this case is necessary not just for the victims, but also to send a message that the rule of law is not dead in Nepal.Violence on this scale cannot be justified, it is not related to any political philosophy or the religion of the perpetrators.The Farhadwa massacre will be a milestone in turning back the tide of impunity in Nepal. The ruling NCP touts stability and prosperity as its slogans. There can be no stability without good governance, and there can be no prosperity without ordinary citizens feeling that they have the full protection of the law. No matter how powerful the perpetrators.  Read also: <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">The rise and fall of Comrade Mahara</a>, Sewa Bhattarai and Sanghamitra Subba

Getting away with murder

<figure><img width="800" height="1443" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108131148/636a50429c7e80680e04fd4djpeg.jpg" alt=""/><figcaption>Illustration: SUBHAS RAI</figcaption></figure>The Greek word ‘hagios’ means ‘holy’. A hagiography is therefore an admiring book about people who are praised for being much better than they are in real life. Abiram Baburam (Non-stop Baburam) by journalist Anil Thapa fits the definition of a hagiography perfectly. It follows the tradition of heroic Panchayat-era portrayals of the Sri 5, praising them to high heaven.Thapa begins with this <a href="http://archive.nepalitimes.com/news.php?id=2690#.XTlxLfIzbIU" target="_blank" rel="noopener">brilliant PhD graduate</a> who chose the ‘hard’ life of politics while he led a Nepali students’ union in India. Baburam Bhattarai says he was inspired to enter politics after he saw Nepalis washing dishes in India, and wanted to start an armed class struggle back home for their salvation. When he returned to Nepal he adopted a mixture of Marxism and BP Koirala socialism as a means towards that end, joining various communist parties, even contesting elections, and ending up with the Maoists. Read Also: <a href="https://www.nepalitimes.com/?p=30527&amp;preview=true" target="_blank" rel="noopener">Need to remember</a>, Sewa BhattaraiAs chief ideologue he was the architect of the revolution with Pushpa Kamal Dahal and Mohan Baidya that was to rage for 10 years. After the ceasefire, and after serving as an elected prime minister (2011-2013) <a href="http://archive.nepalitimes.com/blogs/thebrief/2015/09/26/bhattarai-quits-maoist-party/" target="_blank" rel="noopener">Bhattarai set up his own Naya Shakti party</a>, which won only one seat in Parliament (his own). This year he joined former comrade Upendra Yadav to form the Nepal Socialist Party. Most of Thapa’s book dwells on the ups and downs of the Maoist party, recounting how it persecuted Bhattarai, accusing him of being an Indian agent and putting him and his wife Hisila Yami under house arrest in Rolpa for several months.Read also: <a href="https://www.nepalitimes.com/from-the-nepali-press/revolutionary-violence-or-terror/" target="_blank" rel="noopener">Revolutionary violence, or terror?</a>    The last chapter of Thapa’s book lays out Bhattarai’s blueprint for a prosperous Nepal in which he thinks a new era has dawned after the 2015 Constitution.Now 65, Bhattarai dreams of abolishing poverty and unemployment within a decade. He still does not think he has done anything wrong, and has nothing to repent. But Bhattarai does concede that he is ‘not a god’ and may have some weaknesses. It does not look like Thapa talked to any victims of Maoist violence or their families. It is also clear that neither he nor his relatives suffered from violence during the conflict. His conclusion is that Bhattarai cannot be called a ‘terrorist’. Read also: <a href="http://archive.nepalitimes.com/blogs/thebrief/2011/09/24/marxism-cannot-die-pm-bhattarai/" target="_blank" rel="noopener">Marxism cannot die: PM Bhattarai</a>, Prerana MarasiniTo hear about the horror of war, we need to turn to another book: Nyayako Abasaan (The End of Justice) written and edited by Kantipur journalist Ghanashyam Khadka in collaboration with Gangamaya Adhikari, who with her husband Nanda Prasad, embarked upon multiple fast-unto-death campaigns to pressure the government to punish the Maoists who tortured and murdered their younger son, Krishna, in 2004. <figure><img width="640" height="899" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108131148/636a50449c7e80680e04fd4ejpeg.jpg" alt=""><figcaption> </figcaption></figure><figure><img width="640" height="851" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108131148/636a50479c7e80680e04fd4fjpeg.jpg" alt=""><figcaption> </figcaption></figure>After the ceasefire, the Adhikaris came to Kathmandu to meet politicians, only to be told to wait till after the elections in April 2008. When Pushpa Kamal Dahal was elected prime minister, he was naturally not going to listen to the Adhikari couple, nor other victims of the conflict. The next PM, Madhav Kumar Nepal, was no better.Read also: <a href="https://www.nepalitimes.com/banner/when-our-son-was-killed/" target="_blank" rel="noopener">When our son was killed</a>, Gangamaya AdhikariMeanwhile, Maoist cadres kept threatening the Adhikari couple to give up their campaign for justice. Bhattarai and his wife Hisila Yami asked the couple’s landlords to expel them, Khadka writes, and after some harrowing events the Adhikaris end up at the old-age home run by social worker Dilshova Shrestha. The author recounts how Yami did not leave the Adhikaris alone even there.  Bhattarai could not have not known of the cruelty, and when he became prime minister in 2013 he had police arrest the couple from the gates of Baluwatar. On hunger strike, they were taken to Bir Hospital, where they <a href="https://www.nepalitimes.com/latest/gangamaya-breaks-fast/" target="_blank" rel="noopener">broke their fast upon government assurances</a> — promises that were repeatedly broken. Bhattarai added salt to their wounds by sarcastically claiming that he himself had killed their son, and the government should arrest him if it could. <a href="https://archive.nepalitimes.com/regular-columns/The-deadline/sad-saga-of-adhikari-family,367" target="_blank" rel="noopener">Nanda Prasad died in 2014</a>, and his body is still in the Bir Hospital mortuary.Read also: <a href="https://archive.nepalitimes.com/regular-columns/The-deadline/sad-saga-of-adhikari-family,367" target="_blank" rel="noopener">The sad saga of the Adhikari family</a>, Damakanta JayshiThe Maoist war took 17,000 lives in battles, executions and retaliatory state violence, pushing Nepal’s progress back by at least a decade. The movement spawned the Biplav faction, which is now hell bent on taking the country back to war. There has been no closure for relatives of the disappeared and victims. War crimes went unpunished, and the culture of violence and impunity continues to plague Nepali society to this day.Thapa’s book does not address that side of the story, and is likelyto have little historical value. Khadka’s book is searing in the description of pain and suffering of the innocent, and an indictment of those culpable.  Read also:<a href="https://archive.nepalitimes.com/article/nation/gangamaya-hunger-justice,4180" target="_blank" rel="noopener">Hunger for Justice</a>, Mackenzie Stallo<a href="http://archive.nepalitimes.com/article/nation/No-justice-yet-for-the-victims-of-peoples-war,2984" target="_blank" rel="noopener">“How many times do we need to share our story?”,</a> Seulki LeeRamesh Khatry teaches theology in colleges in Nepal.

Dreams and nightmares of the Nepal conflict

<figure><img width="1280" height="960" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108101136/636a237c9c7e80680e0417eejpeg.jpg" alt=""/><figcaption>Dharna at Mahendranagar in front of CDO office, Nirmala Panta's step-mother, Laxmi, at center.</figcaption></figure>Six months after the unsolved rape and murder of her daughter, the stress is beginning to show on Durga Devi Panta. Her face is taut, her wrinkles deeper, but there is the fire of determination in her eyes.As protests over the crime escalated last year, Durga Devi’s estranged husband Yagya Raj, his second wife and their son have also joined the campaign for justice, raising some eyebrows. Yagya Raj has shown signs of  psychological instability, and Durga Devi said he nearly strangled her recently.Laxmi and Yagya Raj, ostensibly under pressure from the opposition Nepali Congress, do not want Durga Devi to accept the compensation of Rs1 million from the Central Government and Rs500,000 from Province 7. Durga Devi herself does not want to be tangled in the politics, and says the compensation money would at least help her take care of her two daughters.Laxmi and Yagya Raj say they do not want Durga Devi to take the compensation for Nirmala’s death since they do not want it to affect the fast-unto-death by Govinda KC, since one of his demands is justice for Nirmala. Women’s groups and homemakers from all class and backgrounds campaigning for the case in Dhangadi, Kailali and Mahendranagar last week shared their frustration with the police's inability to solve the crime. The protests has also become politically polarised, with the opposition NC and other parties using it to embarrass the NCP government.Read also: <a style="background-color: #ffffff; letter-spacing: 0.15px;" href="https://www.nepalitimes.com/latest/daughters-rape-drives-father-to-insanity/">Daughter’s rape drives father to insanity</a>, Sewa Bhattarai <figure><img width="1280" height="957" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108101136/636a23809c7e80680e0417efjpeg.jpg" alt=""><figcaption> </figcaption></figure> Nirmala was a studious 14-year-old and the second of Durga Devi’s three teenage daughters. After her husband left her for another woman 12 years ago, the four lived in a simple house amidst fields on the outskirts of Mahendranagar in Kanchanpur.The crime has become a national issue because of Police bungling the investigation, and not being able to find the guilty. It has become the focus of country-wide protests by human rights activists, was featured in the international media and has now even got a Wikipedia entry.   “My daughter is gone, but I want justice for her, and also my remaining two daughters to have a safe and good life,” says Durga Devi with a faraway look.Nirmala Panta had joined a study group in the house of her class mate Roshani Bam after school on 26 July last year. When Nirmala did not return home, Durga Devi had become frantic, and went to Roshani’s house to look for her daughter. Her body was found the next day 500m from Roshani Bam’s house in a sugarcane field owned by police inspector Jagdish Bhatta, who has now been suspended for tampering with evidence.Read also<a style="background-color: #ffffff; letter-spacing: 0.15px;" href="https://www.nepalitimes.com/opinion/justice-delayed-and-denied/">: Justice delayed and denied</a>, Sewa Bhattarai Province 7 Chief Minister Trilochan Bhatta denied that Police had destroyed evidence. He told Nepali Times: “All the evidence, including the vaginal swab of the victim, are safe with us. It will take time but we will crack this case soon in coordination with the Centre.”Meanwhile, the Women Human Right Defenders of Kanchanpur and Kailali districts with other activists and independent women’s groups are continuing with their relay hunger strike at the Chief District Office in Kanchanpur.  Sitting under the tent last week was Nirmala’s step-mother Laxmi Panta with activists from Kathmandu, including Sabitri Subedi, who staged the ‘petticoat campaign’ in Kathmandu. There is much mutual suspicion even among the activists groups and muttering about each others’ motivations. “Nirmala’s case is now so muddled that we do not know what will happen to the investigation,” says Nirmala Bagchan of the Women Human Right Defenders. Sabitri Ghimire of the Dalit Women’s Right Forum in Kailali accuses the Police of deliberately destroying all evidence to protect powerful interests.The rights groups appeared to be fatigued by infighting and frustrated by the lack of progress in the investigation. Conspiracy theories swirled about a cover-up by senior officials of the provincial government and Police officers allegedly involved in the crime. Why else would the Police destroy evidence, delay the investigation, frame an innocent man, detain the Bam sisters then take them to Kathmandu, and now ask the father and mother to provide DNA samples?Read also: <a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/">Four-fold increase in reported rape in 10 years</a>, Sewa BhattaraiSuperintendent of Police Kuber Khadayat claimed there had been eight cases of rape and five of attempted rape since the Nirmala case, and all have been solved. He said Nirmala’s case happened before he assumed office, and exuded confidence that it would be solved “soon”.The infighting among activists and the politicisation of the human rights groups helps the government, which can now blame “politics” for its failure to find the culprit. However, the real victims here are Nirmala’s mother and sisters who need the truth and justice.Namrata Sharma is the Chair of the Centre for Investigative Journalism Nepal.

Crime and politics

<figure><img width="1333" height="1000" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221107171136/636934969c7e80680e03e004jpeg.jpg" alt=""/><figcaption>When Durga Devi Panta poured her husband some water, he thanked her like she was a stranger, shook hands with her and asked the reporter to take a photo. Photo: Sewa Bhattarai</figcaption></figure>Nepal was shocked by the rape and murder of Nirmala Panta in Kanchanpur on 26 July, but with the crime unsolved and the perpetrators still at large the news has faded from the headlines. However, Nirmala's parents have been taking part in a sit-in outside the Kanchanpur District Headquarters here in Mahendranagar. Two weeks into the protest, Nirmala's father Yagya Raj Panta started showing signs that the strain was taking its toll on his mental health.On Saturday morning, Yagya Raj was showing increasingly erratic behaviour and the family decided to take him to Kathmandu for treatment, with the help of the government. His wife Durga Devi Panta and other relatives managed to take him to Dhangadi airport, but he was too aggressive and could not be pacified to board the plane. Read also:<a href="https://www.nepalitimes.com/editorial/republic-of-rape/" target="_blank" rel="noopener">Republic of rape</a>, Editorial<a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener">Four-fold increase in reported rape in 10 years</a>, Sewa Bhattarai“His behaviour became quite aggressive, he started abusing people and vandalising the place, the airline refused to let him board,” said Sharada Chand, who was among the human rights activists with him. Chand was herself hurt when Yagya Raj started acting violent at the airport. His wife Durga Devi and some relatives then set off for Kathmandu by road with him. On the morning of 24 November, Yagya Raj Panta was jumping at noises, shooing away visitors, and he looked very agitated. He was aggressive towards strangers, pointing at bags and asking if there were bombs in them, claiming there was a conspiracy to murder him. Activists tried to pacify him, and when Durga Devi Panta poured her husband some water from a thermos flask he thanked her like she was a stranger, shook hands with her and asked people around him to take a photo. Exactly 117 days after his daughter was raped and murdered, it is clear that Yagya Raj Panta had lost his mind. He not only tried to take off his clothes, but also beat and scratched people who came near him and some of them needed to have their hands bandaged. The videos people have taken of him have gone viral on social media. Nirmala Panta went missing on July 26, and her body was found thrown in a sugarcane field near her home. The inability of the Police and the Home Ministry to resolve the issue, their attempt to destroy evidence, frame an innocent person with the crime and what looked to many like a case of the Police trying to protect the criminals, has outraged her family and human rights activists. They said the mental strain was too much to bear for Yagya Raj Panta, and he snapped. The deceased Nirmala's family members are increasingly concerned that they are losing not just one but two persons to this tragedy. Yagya Raj’s sister Bhagirathi Bhatta says she has lost hope for her brother: “My niece is already dead and gone, but my brother is alive. I doubt if we will still have him, if this stress continues." She has also been spending the cold nights at the sit-in in an open tent across the road from the District Headquarter building. There are some pillows, mattresses, blankets, and an electric line from which to charge mobiles and heat up water in kettles, and not much else. Photos of the deceased Nirmala line the ceiling, walls and surroundings.“Ever since this protest started, he has not been himself. He sees photos of his daughter everywhere, a lot of people come and say many things. So much is happening that it was just too much to bear for him,” says Bhagirathi Bhatta, adding that her brother no longer recognises her, and calls a local policewoman 'Nirmala'. Durga Devi Panta looks harried not just from the struggle for justice for her daughter's unsolved rape and murder, but now by her husband's deteriorating mental health. “I don’t think we will ever get justice,” Durga Devi tells us, as she heats more water for protesters. “If the government wanted to give us justice, it would not have destroyed the evidence. I had lost hope right then. But now, this long protest for justice is taking our remaining health and sanity as well.”

Daughter's rape drives father to insanity

One smoggy winter morning in February 2019, Ekta regretted coming to her sculpture class. It was the first day of her period, and the 19-year-old wished she was home, curled up in bed with a hot water bag to soothe her cramps.
Her class was at Kalapremi Ceramic Studio, a dark room on the ground floor of a house in Maharajganj, and Ekta’s teacher was the artist Gopal Das Shrestha ‘Kalapremi’, a noted sculptor.
Two other students were already there, using all their muscle strength to knead the sculpting clay. Ekta, now 24, recalls how Kalapremi asked her if she was feeling all right. She avoided him, as she did not want everyone to know she was menstruating.
Kalapremi repeatedly asked Ekta what was wrong. She finally muttered that she was having her period, after which he grabbed her hand and led her to a partitioned corner of the studio and sat her on a chair. Before she could stop him, he slid his hand under her dress, and started massaging her abdomen.
“I was horrified,” Ekta recalls. “I told him to stop, but he didn’t listen, asking me not to be shy, saying he knew how to relieve my pain. He stopped only after I protested furiously.”&nbsp;
The art tutor then said, “You’re like my daughter. I’m doing it out of love to make you feel better, but you’re so stubborn.”&nbsp;
“Instead of saying sorry he acted like I was the one having crazy thoughts,” remembers Ekta, adding that from April 2016 to August 2020 beginning the time she was 16, the artist sexually abused and harassed her on several occasions. &nbsp;
Now, Ekta and the artist’s other former students are finally sharing their experiences and some are pressing legal charges against him, hoping that others do not have to endure what they did.&nbsp;
Award-winning artist and teacher Gopal Das Shrestha ‘Kalapremi’ (the name means ‘Art Lover’) is known for his ceramic art, sculpture, and contemporary pottery. He was <a href="https://nepalitimes.com/review/the-house-of-kalapremi">profiled in Nepali Times after a collaborative exhibition</a>, ‘Where the Wild Things Are’ at the Siddhartha Art Gallery three years ago.&nbsp;
His pieces, titled Gaalis, featured sculpted female figures with the heads of dogs, sheep, and donkeys (pictured) to depict derogatory terms for women. Some critics said the collection was a satire on feminists.
Kalapremi started his artistic and teaching career in 1983 and over the years taught at Bhanubhakta School, Kathmandu University School of Arts, Lalitkala Campus and at his private Kalapremi Ceramic Studio. He has also lectured at Jeonju University in South Korea and recently at Tabor Academy in the United States.
Seven of Kalapremi’s former students were interviewed for this story. Five female students said he touched them inappropriately in his studio or at Kathmandu University. Two male students said they witnessed him abuse and harass the women. In all cases, the students struggled to recognise the abuse when it occurred, and the lack of reporting systems left them to cope on their own for years.&nbsp;
Earlier this year, students shared a social media post hinting at Kalapremi’s history of abusive behaviour following which more students of the artist reached out sharing similar experiences. Some students spoke of abuse that happened as long as 20 years ago.
Kalapremi, 60, has denied the allegations. He told Nepali Times: “Some years ago, there was a movement encouraging people to hug and kiss. I used to do it purely out of friendship and love. But after seeing posts on social media last year calling out my behaviour, I realised my actions may have hurt some people. I understand now that I should have been more mindful.”
He added: “I am also an auxiliary health worker, so I know the exact points to massage to relieve menstrual pain. It’s not just menstruation, I take anyone who is ill to the hospital.”
Sexual abuse is much more rampant than reported given how difficult it is to prove it in court. The law defines sexual abuse as occuring when someone touches another’s private parts, coerces them into touching theirs, uses vulgar language, shows degrading images, or behaves indecently towards them without consent.&nbsp;
Ekta and her fellow students are consulting lawyer Suneeta Regmi Pokhrel, who says they know that even if the court decides in their favour, it is difficult to survive after speaking up, and influential men defend themselves saying they are being framed.&nbsp;
“They are in a lot of pain and weep when recalling how he abused them,” Regmi Pokhrel told us. “They are angry and have filed a case against him, but they are also terrified. They know he is a powerful man and they have seen how our society treats women who speak up against abusers. Unless people speak up, perpetrators will be emboldened.”
Art and academia in Nepal simply reflect the power imbalances in society where people with intersecting identities experience worse forms of abuse. Theatre actors Raj Kumar Pudasaini, Rajan Khatiwada, and Sunil Pokhrel were called out during the #MeToo movement in the Nepali theatre scene in 2019. Even after the allegations Pokhrel went on to receive national awards, while others continued to work without repercussions.
“If you speak up against abusers, you gradually get sidelined from projects,” explained a theatre artist who wished anonymity fearing professional setbacks. “The theatre scene in Nepal is quite small, you just have to make peace with the perpetrators and work with them if you want to sustain yourself.”&nbsp;
In academia there is a history of faculty members sexually harassing students and getting away with it. After Tribhuvan University (TU) lecturer Krishna Bhattachan was accused of harassing women students, the university said it would follow Nepal’s sexual harassment law and set up a reporting mechanism. But nothing happened to the professor, who had already retired. Instead, he counter-accused the students of 'attacking the indigenous people’s movement with baseless allegations' as <a href="https://kathmandupost.com/letters/2019/01/29/bhattachan-responds">he told the Kathmandu Post in 2019</a>. He continues to be featured as a prominent speaker including at TU.
Other faculty members previously accused of sexual harassment include Jagadish Murti Koirala from TU, Bishnu Prasad Acharya from Ratna Rajya Campus, and Bodha Raj Tripathee from Lalitpur Madhyamik Vidhyalaya. A woman staff member from TU also filed a sexual abuse complaint against Dambar Chemjong from TU.
Prominent figures like <a href="https://nepalitimes.com/news/the-rise-and-fall-of-nims-purja">mountaineer Nims Purja</a> have been <a href="https://www.nytimes.com/2024/05/31/sports/mountaineering-sexual-harassment-abuse-nims-purja.html">accused of sexual assault</a>, and cricketer Sandeep Lamichhane, actor <a href="https://nepalitimes.com/news/celebrity-rape-case-spotlights-nepal-laws">Paul Shah</a>, and former speaker of Parliament <a href="https://nepalitimes.com/news/mahara-arrested">Krishna Bahadur Mahara</a> have been accused of rape, but society-at-large has let off the alleged perpetrators amdist a larger debate about justice for survivors and punishment of perpetrators.&nbsp;
‘Gaushala-26’ is the court name given to the 18-year-old who accused Sandeep Lamichhane, former captain of Nepal’s national cricket team and skipper of Biratnagar Kings in the <a href="https://nepalitimes.com/here-now/here-comes-the-nepal-premier-league">ongoing Nepal Premier League</a>, of rape. She left the country citing society questioning her character affecting her mental health while Lamichhane got an outpouring of support. In May, the Patan High Court overturned a prior verdict that found Lamichhane guilty of rape and had sentenced him to eight years in prison. During the 23-month legal battle to pursue justice, Gaushala-26 faced threats of gang rape and acid attacks.&nbsp;
Exhausted by the struggle, Gaushala-26 sought to “move to a new world” where she could live free without hiding her identity.
Actress Samragyee Rajya Laxmi Shah in an Instagram video now deleted detailed the harassment she faced from a filmmaker during a movie shoot. She did not name any name but veteran actor Bhuwan KC filed a defamation case against Rana, but the court ruled that the charge lacked sufficient evidence.&nbsp;
Former Kathmandu mayor <a href="https://nepalitimes.com/opinion/theytoo">Keshav Sthapit also mocked the #MeToo movement</a>, calling accusations against him by journalists Rashmila Prajapati and Ujjwala Maharjan “a rape of men’s rights”.
Serial Abuse
Back at the Kalapremi Ceramics studio, another former student, 24-year-old Rajiv, says he felt the need to speak out after seeing his female classmates being abused.&nbsp;
“He frequently kissed them on their cheeks,” he told Nepali Times. “Whenever they walked into the studio he flailed his arms like a child asking for a hug. They awkwardly hugged him from the side, but he pulled them closer, held their chin, and kissed their cheeks.”&nbsp;
Rajiv says he also saw Kalapremi pull the women’s bra straps, touch their breasts, and slap their buttocks. The young students would freeze, not knowing how to react, and if they protested, he would say it was “normal in art”. Rajiv, 19 at the time like his classmates, remembers thinking perhaps the well-respected artist was right after all.
Another student, Luna, who took lessons at Kalapremi’s studio from 2020 to 2022 did try to confront the tutor after he made an obscene proposal to her. She recalls: “One day when the other students had left the studio and it was just the two of us, he told me that God had given him special artistic talent and he could transfer those powers to me. But to do that both of us will have to be naked, inside a dark room, and have sex.”
Luna, who was 18 then, was livid and told him she did not want any of his powers, but she says he laughed at her as if he was joking. She did not tell her family about the incident because she thought no one would believe her.&nbsp;
“They were all in awe of this famous artist and felt I should be grateful that to be learning sculpting from him,” she says. “I was scared to be alone with him in case he talked about sex again. My coping mechanism was to be rude so he wouldn’t try to come close to me.”
Seeing how some classmates were standing up to Kalapremi, Ekta too tried to push back against his advances, but she said he found ways to coerce her. Since Ekta, Rajiv, and Luna could not afford Kalapremi’s Rs30,000 monthly fee for lessons, he had offered them all a stipend to assist him in the studio.
“He had spondylosis and took me to his therapy sessions to learn massage techniques, then he often made me and other students massage him,” says Ekta. Whenever she refused, he would feign pain to make her feel sorry for him. “He would insist that I put my hands under his shirt so that I could massage him better,” she adds.
The art tutor often tried to “seduce sympathy” from Ekta by sharing how he had never been loved as a child and was “sexually frustrated” as an adult.&nbsp;
“At 7PM, he would pour himself Signature whiskey and immediately go off again about how he was sex-starved. I didn’t know how to respond. It took me time to realise alcohol was just an excuse to talk about sex,” Ekta says.
If convicted, Kalapremi could face financial penalty and/or a prison sentence of up to three years according to Section 224 of National Penal (Code) Act 2017.&nbsp;
Data suggests that victims of child sexual abuse on average take nearly 24 years to tell someone about their trauma, and some may never disclose it at all.&nbsp;
“In our culture, children are rarely taught about boundaries. They often react, show anger when adults pinch their cheeks. But adults insist they did it out of love, and force the children to accept it,” says Sita Lama, a psychotherapist at Manka Kura. “And even when someone touches them inappropriately they struggle to identify and verbalise it.”
When perpetrators claim to be “acting out of love”, Lama says survivors are likely to perceive it as something safe, rather than recognising it as abuse.&nbsp;
“It may take years for them to realise they were abused,” she explains. "And even when they become aware, the power imbalance with the abuser and the associated shame often prevents survivors from speaking up."
Other former students from the School of Art at Kathmandu University have also come forward years later, saying Kalapremi sexually abused them. As young adults, they felt his behaviour was off but were uncertain if it was inappropriate, illegal, or they did not know how to respond. After having understood that it was indeed abuse, they say they are speaking out now to protect others.&nbsp;
Amina Singh, a visiting faculty member at Kathmandu University, says there is no clause against sexual abuse in contracts of teachers, and there is no formal grievance handling mechanism for the students.&nbsp;
“So the only way students can to deal with sexual abuse is approach someone they trust,” she says.
Eight other former art students of Lalit Kala Campus and Srijana College of Fine Arts of Tribhuvan University and other private art studios in Kathmandu say they were also sexually abused by their art teachers. Three faculty members interviewed from these institutions said they saw the abuse, but felt it was futile to report it given how powerful the teachers were.
In the absence of a formal system, some longtime women artists warned each other about “problematic” artists. They shared &nbsp;a “heads-up” to be more cautious when collaborating with them, and avoided responding to their calls and texts after work hours.
To ensure art institutions are safe for all, galleries, museums, artist studios, and smaller art spaces need to develop policies on sexual harassment. This would include a code of conduct or studio policies that hold the leadership accountable and outline the principles of professional ethics.&nbsp;
Students and employees should inquire about accountability mechanisms for raising concerns, both formally and informally, advocates say.
Three years after Ekta left the ceramics studio, she learnt that Kalapremi had harassed many other women. Still trying to get a footing in the art industry, she attended a workshop in Kathmandu where women artists discussed ways to stay safe in the art sector.&nbsp;
Since it was a close-knit group Ekta opened up about how she felt violated and realised she was not alone, he had been abusing underprivileged students for years, and this was common knowledge among artists in Nepal.
Ekta says that even after she quit, Kalapremi continued sending her text messages like ‘I am thinking of you’, ‘Why have you stopped speaking with me’, or ‘I am waiting for your call’.&nbsp;
But what really forced her to act was when Ekta found out that he was sending similar texts to her younger sister.&nbsp;
“I’ve had enough,” she told us. “He abused me all these years but I won’t let him abuse my sister.” &nbsp;
Ekta, Rajiv and Luna are not the real names of the students.&nbsp;

‘Art Lover’ accused of sexual abuse

It was 8:15 in the evening of 25 March 1968 when everyone in the village of Batulechaur near Pokhara heard a deafening sound like thunder as a bright flashing object hurtled down to land in a field.&nbsp; That field belonged to Kul Timilsina, and the next morning he retrieved a sheet of metal about 2m by 1m and carried it home with the help of a few others, thinking it would be useful for his buffalo shed.&nbsp; Before he died at age 83 three years ago, Timilsina had told photo archivist Sunil Ulak that the black metal sheet was not rectangular and had rounded corners. There are a few witnesses still alive who have a clear recollection of the object that fell from the sky that night.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024120707128_75cc85aac56b9cc4a77366471f058d7b3eb6868776811b0923845c2d0a61f014.jpg" data-media-id="editor_0" data-image-id="2024120707128_75cc85aac56b9cc4a77366471f058d7b3eb6868776811b0923845c2d0a61f014" data-rendition-name="original" width="1170" height="601" loading="lazy" alt="UFO over Pokhara"> <figcaption>The field in Batulechaur belonging to Kul Timilsina where fragments of a flying object fell from the sky in 1968.</figcaption> </figure>  One of them is Timilsina’s wife Gyanu, who was 22 at the time. She had been at home, and remembers hearing the big bang and the sky becoming very bright. “We saw the thing in the field in the morning,” she told us. “It looked like a lid, a covering of some sort. The way it was stuck in the ground, it must have fallen from the sky. We thought we could use it to dry clothes on, and took it home.”&nbsp; Another witness is Kul Narayan Paudel. “I was only eight then. We ran to the field to see what had fallen. It was a four-sided metal sheet. The elders took it away, and I don't know what happened to it.” &nbsp; Ram Bahadur Baniya, a teacher at the local school, says he had heard the sheet had been brought to the school, and later handed over to the Zonal Commissioner at the time, Nanda Prasad Malla. “But that is all hearsay,” he says.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024120707128_0bf207a12063fb8155b3c8d9a00a94887b126380c9e0627527c84cf5e1101f54.jpg" data-media-id="editor_1" data-image-id="2024120707128_0bf207a12063fb8155b3c8d9a00a94887b126380c9e0627527c84cf5e1101f54" data-rendition-name="original" width="1170" height="610" loading="lazy" alt="UFO over Pokhara"> <figcaption>Gyanu Timilsina, wife of Kul Timilsina.</figcaption> </figure>  There are two versions of what happened to Kul Timilsina’s metal sheet. One is that an American Peace Corp Volunteer teaching at the nearby Bindyabasini School took it, and another is that it was handed over to the government. Recently declassified Central Intelligence Agency (CIA) and US State Department documents from the time say that the US Embassy in Kathmandu tracked down the object two years later and had it shipped back to the US. A telegram from the Department of State and Department of Defense tagged as ‘MOON DUST / Space Fragments’ dated 1 March 1972 stated: ‘1. Restored space fragment will be on board Embassy support flight 115 arriving Kathmandu on or about March 10. Fragment is packed in shipping crate (cargo no. 72-33365) marked in care of DAO.&nbsp; 2. State and Defense representatives examined fragments prior to shipment finding restoration acceptable.’  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071212_929d903ee06d41baa4f6040e981cd7c7d7bd75cc9c37c9b617d307fc8538d2df.png" data-media-id="editor_2" data-image-id="20241207071212_929d903ee06d41baa4f6040e981cd7c7d7bd75cc9c37c9b617d307fc8538d2df" data-rendition-name="original" width="856" height="568" loading="lazy" alt="UFO over Pokhara"> <figcaption>Declassified CIA documents about the investigation into the object sighted in Pokhara. </figcaption> </figure>  The documents show that the US government, military and intelligence agencies investigated this incident thoroughly when it occurred, and have continued to revisit it ever since, as recently as five years ago. What is even more intriguing is that the object that fell in Pokhara was not the only unidentified space object that fell to earth that year. There were similar sightings of objects falling from the sky in Ladakh, Sikkim and Bhutan between 19 February and 25 March 1968.&nbsp; These mysteries were the subject of a CIA investigation in 1968 titled ‘<a href="https://www.cia.gov/readingroom/docs/CIA-RDP81R00560R000100070007-8.pdf">Sighting of Unidentified Flying Objects in Ladakh, Nepal, Sikkim and Bhutan</a>’, and the report is part of the recent online declassification of 800,000 top-secret documents from the period.&nbsp; &nbsp;Although unidentified flying objects (UFOs) have a connotation now of being alien craft, it could be pieces of satellite, missile, rocket or even aircraft. The CIA report documents six sightings in 1968 and quotes local sources as describing all of them having similar characteristics: bright blue or red streaks in the sky accompanied by loud sounds like lightning and thunder and objects falling to the ground. Aside from the metallic object that was found in Batlechaur, there were other items also found nearby in Tallakot, Tureypasal, Armalakot and Maidan. Whatever the object was, it seems to have disintegrated even before it hit the ground.&nbsp; The CIA report records the first sighting on 19 February 1968 in various parts of Sikkim and Olangchung Gola and Ghunsa in eastern Nepal. The light was said to be ‘long and thin’ and giving out ‘green and red light’. &nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071212_c3c825027d966a2aedc846970390eebe063957503c7eacc8e01e0517843f9bbb.png" data-media-id="editor_4" data-image-id="20241207071212_c3c825027d966a2aedc846970390eebe063957503c7eacc8e01e0517843f9bbb" data-rendition-name="original" width="892" height="596" loading="lazy" alt="UFO over Pokhara "> </figure>  Two days later on 21 February, a soundless blue object was seen traveling fast across the sky above Thimphu in Bhutan. Then on 4 March there were multiple daytime sightings or white streaks in the sky at Chang La Pass, Fukche and Koyul in Ladakh. There were more sightings in Ladakh on the very day fragments fell near Pokhara on 25 March 1968.&nbsp; After the sightings in Pokhara, rumours started flying in Kathmandu that these were aliens trying to land on Earth, it could be Russian or Chinese spy planes or satellites, and some even say it as a sign from heaven that the end of the world was near. This was at the height of the Cold War. The Russians and Americans were testing their thermonuclear devices as well as intercontinental ballistic missile delivery systems. The Washington-Beijing rapprochement had not yet happened, and China was making quick progress testing atomic bombs. Within two years after its first atomic test, in 1966 China exploded its first hydrogen bomb at the Lop Nur site in Xinjiang, 3,000km to the north from Nepal. After neary six decades, what is still intriguing is that all the sightings within a few months of each other in 1968 were along the Himalayan arc bordering Tibet: from Bhutan, Sikkim Nepal, to Ladakh. The US military intelligence seems to have concluded that this was not a coincidence and there were frequent research trips to the site in Pokhara by American officials in the months after the incident. With the help of the Royal Nepal Army, the region north of Pokhara was thoroughly searched.&nbsp; A confidential memo dated 25 June 1968 by Jerry C Trippy to a ‘Mr Farley’ mentions that the US Air Force’s Foreign Technology Division had decided that the debris could be important because it may be related to a Chinese missile test or a Soviet ‘Vehicle Venik’ rocket.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071216_feb5425692dc36b20187de4e4fcc2ce9fd12b6d9e1b8724398e50bcdbf9032fe.jpg" data-media-id="editor_5" data-image-id="20241207071216_feb5425692dc36b20187de4e4fcc2ce9fd12b6d9e1b8724398e50bcdbf9032fe" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="UFO over Pokhara"> </figure>  On 28 August 1968 the US Embassy in Kathmandu sent a letter to Washington DC saying that the object could be of Soviet origin, possibly from when the rocket carrying the ‘Kosmos 208’ satellite re-entered the atmosphere. But why were the fragments falling to earth several weeks apart, and in the same region? No one knows where the metal sheet that Kul Timilsina recovered is now. It was definitely packed in a crate and taken to the US, and although it is rumoured that it was returned that is not very likely. Archivist Sunil Ulak heard from the Timilsina family that CIA officials had returned to the site five years ago. &nbsp; Interest in UFOs peaked in the US in the 1950s, with the Cold War space race and tests of atomic weapons and delivery rockets. CIA and scientists were being sent to investigate sightings, both publicly and privately. Could the Pokhara fragments as well as the sightings in Ladakh and Bhutan actually be alien craft falling to earth? The renewal in interest in space travel in large part due to Elon Musk’s SpaceX, UFOs and sightings are again subjects of public interest.&nbsp; Even 57 years later, even if there was definitive proof about whether the Batlechaur fragment was from a Chinese missile or a soviet rocket, it has not been made public in documents declassified so far. We may never know.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071216_b6938795f40731e7657fd6dcbb3cf460a326186a15eb11d4f832f602201ff598.jpg" data-media-id="editor_6" data-image-id="20241207071216_b6938795f40731e7657fd6dcbb3cf460a326186a15eb11d4f832f602201ff598" data-rendition-name="original" width="642" height="320" loading="lazy" alt="UFO over Pokhara"> </figure>  Sunil Ulak speculates if the debris actually came from an American aircraft, perhaps on an intel mission upon China. “Which could explain why they were so thorough in collecting the fragments in Pokhara,” he says. But that still does not explain the multiple sightings weeks apart in 1968.&nbsp; Indeed, US military aircraft were at that time flying frequent night-time missions from air force bases in India to supply weapons to Khampa guerrilla camps in Nepal located north of Pokhara in Mustang. It could very well be that the Chinese shot down one such aircraft. The other sightings could have been contrails of US spy planes, or Chinese anti-aircraft missiles.&nbsp; There were quite a few developments regarding UFOs in 2024. In a US congressional hearing in July, former intelligence officer David Grusch claimed that the government had long been involved in a program to investigate and retrieve non-human craft crashes, and then try to reverse engineer them. However Grusch did not show any evidence.&nbsp; The UAP Disclosure Act of 2024 was signed into law by Joe Biden in December 2023. It plans to oversee the public disclosure of UFO information. However, there is a clause in it that prevents disclosure if it would cause threats to military defense, intelligence operations or foreign relations.&nbsp; It is unlikely that the declassified documents about sightings in the Himalayan will cause any real surprise about definite evidence of alien life even if it was found. It seems humanity will continue, at least for now, to wonder about curious lights in the sky and whether there is anybody out there.&nbsp;

UFO over Pokhara

When Rastriya Swatantra Party (RSP) president Rabi Lamichhane was arrested in October on charges of defrauding depositors of cooperatives, the party’s vice president Swarnim Wagle gifted him Fareed Zakaria’s book, Age of Revolutions.
Since then, Lamichhane has been shunted around from Kathmandu to Pokhara to Chitwan and back to Pokhara to attend police investigations and court proceedings. He was being flown to Birganj via Kathmandu on Buddha Air on Monday. There is another pending case in Janakpur.
Human rights groups and civil society have criticised the government for hounding Lamichhane with inhumane treatment that borders on physical torture. The two parties in the coalition, Nepali Congress (NC) and the UML, see Lamichhane’s RSP as a potentially formidable challenge to their power.
Even if the fraud charges against Lamichhane are true, the Nepali public is increasingly looking at the government’s actions through the police and courts as political vendetta.
Despite all the travelling, sometimes by plane and often by road at night, Lamichhane appears to be in high spirits, waving to supporters who often gather if they know he is going to be driven around. A social media video shows him giving high fives to fellow passengers on a recent flight to Pokhara.&nbsp;
In the past weeks, streets in Pokhara have erupted with parallel protests by Lamichhane’s supporters as well as depositors of cooperatives who lost their savings to the scam.&nbsp;
Although family visits are allowed, prison officials in Pokhara told Nepali Times that not many people visit Lamichhane these days. He added, “When he does get visitors, he asks them to bring him books.”
Lamichhane is currently Nepal’s most high-profile public figure in custody, and highlights the stark difference between how influential prisoners are treated compared to ordinary inmates.
There are six prison cells at Kaski District Police Office’s two-story detention centre, three on each floor. And while authorities pack prisoners into already overcrowded cells, Lamichhane has an entire room on the second floor to himself.&nbsp;
He has also been allowed to call his family every few days. Other prisoners are not permitted phone calls except for emergencies.
Meanwhile, Lamichhane’s former business partner Chhabilal Joshi, an ex-Deputy Inspector General of Police with whom he established his Gorkha Media Network, is in custody under the same charges in the prison cell next to him.
Lamichhane is accused of siphoning off depositors' money to the tv network in which he was part-owner and anchor. &nbsp;
Both Lamichhane and Joshi are able to buy food from the police canteen instead of being served the regular meal like other prisoners. Joshi has also given his statement to authorities in Rupandehi and Kathmandu for his alleged role in the scam. Lamichhane is yet to be presented in Kathmandu for questioning.
While he was in custody at the Kathmandu District Police Complex, Joshi expressed his desire to sleep in a police officer’s office, reportedly assuring authorities that he would not run away and he was entitled to certain facilities as a former officer of the law.
“He seemed to be under the impression that he is still a police officer,” says a source at the Kathmandu District Police. “We made it clear to him that as someone accused of a crime, he was not entitled to special treatment.”
Former ministers Balkrishna Khand and Top Bahadur Rayamajhi, and ex-home secretary Tek Narayan Pandey, who were arrested in connection with the fake refugee scam last year, were similarly housed in the offices of law enforcement officials instead of prison cells. Khand has since been released after six months in jail.
While there is no legal provision to keep high-ranking officials in separate detention centres when they are arrested, authorities granting them special facilities is not uncommon. Law enforcement officials say VIP detainees expect preferential treatment while in police custody.
Among those is former Kosi Province minister Lila Ballav Adhikari, who was arrested from Biratnagar on 10 November over his alleged involvement in human trafficking and brought to Kathmandu. Adhikari had flown to Japan without government approval with three individuals on 29 October to attend a cultural conference, but had been sent back to Nepal from Narita.&nbsp;
His three companions were arrested at Kathmandu airport upon their arrival, but Adhikari was able to exit unscathed from the VIP lounge. Adhikari had resigned as the Kosi Province Minister for Internal Affairs and Law when it became public that his companions had been taken into custody, and was himself arrested shortly after. He has since been cleared by the courts.
Throughout his detention, Adhikari was kept separately from other inmates. Senior Superintendent of Police (SSP) Basant Rajouri, head of the Bhadrakali complex, says that while there is no separate detention area for VIPs, some detainees are kept separately depending on the nature of their crime.
However, sources say that arrangements were made for retired judges and others to visit Adhikari frequently worked at the office of a Deputy Superintendent of Police (DSP) during his time in custody.&nbsp;
“He used to constantly pester the authorities to let him sit outside in the sun, and to be able to use the police officer’s shower area,” added an officer.
Adhikari was released on 25 November after the government prosecutor’s office decided not to charge him in a move that was seen to expose the government’s double standards.
Over at Kathmandu’s Dilli Bazar Prison, former Kist Bank CEO Kamal Gyawali emerges from his prison cell into the courtyard of the prison’s ‘Ka (क)’ block every morning with a thick book in his hands, ready to give his daily sermon.
With his long beard, Gyawali, who is serving a prison sentence for banking fraud, looks the part of a religious guru as he implores his rapt listeners to “walk the right path, abandon bad thoughts and turn to scripture and spirituality”.&nbsp;
Afterward, the attendees gather to discuss politics and current affairs. Inmates at his daily sermons at the prison include other high-profile detainees, including former MP Ichchha Raj Tamang, who is in jail for money laundering and cooperatives fraud, former joint secretary Chudamani Sharma, who was convicted of corruption, as well as NC leader Chandra Bahadur Lama and Krishna Bahadur Upreti of the UML both of whom are on trial for embezzling billions of rupees.
Victims of the cooperatives scam that former lawmaker Tamang was involved in have made trips to the prison and requested visits, but he has refused to meet with any of them.
“Tamang often complains that the state has prevented him from returning the money to the victims by locking him up,” says a police officer at the Dili Bazar jail.
“All you hear every day from the VIP prisoners is that they have been framed,” adds the officer. “No one admits that they were involved in misdeeds.”
But while most high-profile prisoners complain about prison conditions, one exception is former provincial lawmaker Deepak Manange, who is serving a sentence at Dilli Bazar Jail for attempted murder.
“He is the happiest prisoner here,” says a warden. “Unlike the others, he doesn’t claim to have been framed, in fact he doesn’t seem to care that he is in prison.”
Manange is detained in the ‘Kha (ख)’ block of the prison complex, which he renovated at his own expense. The block previously housed female prisoners, but Manange used his influence to transfer them elsewhere. He faces no shortage of visitors, who range from political leaders to people from the underworld.
Along with Manange, other well-known prisoners in this block include Nepal Telecom Managing Director Sunil Poudel, and former executive director of the Surakshan Printing Centre Bikal Poudel, who are serving time for corruption.
Former prisoners at Dilli Bazar prison include ex-ministers Khum Bahadur Khadka and Shyam Sundar Gupta, NC leader Ganesh Lama, Maoist MP Balkrishna Dhungel, Nagarik Unmukti Party leader Resham Chaudhary, as well as former IGs Ramesh Chand Thakuri, Om Bikram Rana, and Hem Bahadur Gurung.
Section 54 of Nepal’s Prison Act assigns each prison’s internal administration the
responsibility of governing its prisoners, which means the more favourable the jail management is, the more comfortable it is for prisoners.
Dilli Bazar prison has been the prison of choice for many high-ranking prisoners, especially those convicted of white collar crimes, due to its more accommodating administrators. The prison, which has the capacity to house 700 inmates, is also less crowded than other jails.
Anuj Bhattarai, spokesperson of the Department of Prison Management, says that there is no legal classification in Nepal for felons to be assigned prisons based on the nature of their crimes.
“That Dilli Bazar Jail has a higher number of prisoners convicted of crimes like corruption is most likely a coincidence,” says Bhattarai. “There is no provision for influential people to be able to choose where they will be incarcerated.”&nbsp;
Translated by Shristi Karki from the Nepali original published in himalkhabar.com

What Nepal’s VIP prisoners do in jail

If you were raised in Nepal, you must have picked up its unique set of vocabulary: आन्दोलन, चक्का जाम, बन्द, राँके जुलुस, आफ्नो मान्छे, हाम्रो दल, कर्फु and many more words connoting political protest.
We became familiar with the acrid smell of burning tyres, and eyes smarting from tear gas. And yet, everyone speaks of another revolution in the making. Not by desire, but by suffocation.
We heard speeches about नयाँ नेपाल, but the New Nepal never arrived. The governance system changed, but it did not reflect on people’s lives — except for those close to centres of power. The state is still unreachable and is not bothered about <a href="https://nepalitimes.com/here-now/matter-of-life-and-debt">victims of loan sharks</a>, cooperative scams and other injustices.
Politicians continue to speak in sound bites, but fail to deliver. They have mastered the game of pointing fingers towards an external enemy and convincing people that they are never at fault. The political narrative is so disconnected from the actual analysis of the problem that suffocation doesn’t go away after every revolution.
No genuine effort has been made to deliver at all, which is why there is a palpable sense of disillusionment in the air forcing us to seek another revolution, even if Nepal may not be able to afford it.
How has the current system successfully held power, even if the public is deeply frustrated? How is it that for three decades we continue to be led by the same faces, who have time and again, proved to us that they may be great politicians but not national leaders?
<a href="https://nepalitimes.com/opinion/improving-internet-governance-in-nepal">My experience at the epicentre of politics</a> has led me to identify three cultures that have enabled political parties to keep a tight hold on power: acceptance, silence and dependency.
We accept things the way they are. We use fatalistic phrases like “नेपालमा यस्तै हो” or “नेपालको कानुन दैब जानुन”. While this resilience enables us to rise back up from devastating calamities, it is also a reason for our compliance with the status quo.
Despite so many ‘revolutions’ that have led to significant reforms, these phrases keep getting reinforced, to the point that the upcoming generations have made it their lingo.&nbsp;
This acceptance is not a symbol of law-abiding citizens, but citizens living in fear of those in power, unable to ask the whys and why-nots.
Innovation suffocates in this culture of acceptance of the status quo. This is manifested in remarks like “but we don’t have any laws for this,” or “we don’t have the capacity to implement this”. An innovator or entrepreneur therefore has to spend that energy to become a political lobbyist, often educating and convincing the bureaucracy.&nbsp;
Remember when locally assembled <a href="https://nepalitimes.com/banner/designed-and-made-in-nepal">Yatri motorbikes</a>, despite having willing customers, had to suffer to secure license numbers because of a lack of regulations? Instead of creating new laws, the government kept chanting the “We will promote Nepal-made goods” mantra, leaving entrepreneurs in a labyrinth of bureaucracy. The weight of acceptance of the law lies heavily on innovators. Fatalism is a tactic used by those in power to generate mass fear in society.
When we accept, we become silent. This is a pervasive phenomenon. We are trained to keep quiet, lest we ruffle feathers, burn bridges, or not get the help we need in future. We know, yet we don’t speak.
Read also: <a href="https://nepalitimes.com/here-now/bureaucratic-hurdles-in-researching-nepals-bureaucracy">Bureaucratic hurdles in researching Nepal's bureaucracy</a>, Daniel W Edwards
Here is one example: the 2021 census shows that the number of baby boys born for every 100 baby girls is 112. This is a clear indication of female foeticide because of boy preference in society.
Despite such horrifying realities, there is finger-pointing within the government between the Ministry of Health and Population with the Ministry of Home Affairs. At the citizen level, we know those who are involved in killing girls. Yet, we don’t speak up. The Nepal Medical Council reports state that despite this gender imbalance at birth, there is no indication of any action.
But why would anyone speak against one's own fraternity, no matter how vile the act is?
When we accept and keep quiet, we become dependent on those who yield power. From getting our government procedure completed on time to getting transfers, to accessing any of our legally protected rights as well, we are forced to depend on our networks of चिनेको मान्छे people we know by blood, village, relations, political affiliation.
The culture of dependency has been the established way in Nepal. If you drive a two-wheeler or four-wheeler, and you get into a small accident, you will be asked to sort it yourself, dialing up the most powerful person you know. It becomes a competition of who knows who.
Recently I was told that there were calls from the Ministry of Health and Population and another from the Prime Minister's Office for just one medical position in a private hospital. Each was pushing its own candidate. Guess which candidate got the position.&nbsp;
The dependency of people is not on the laws or the state, it is with people in power, a reliance on the network of somebody who knows somebody, including those not officially in power.
These cultures are deeply ingrained in our heads, and in society. Collectively they form a vicious circle that helps those in power to retain power. This is not the society we want to live in.
Then, what do we do as a collective to break away from this? How do we break away from the cultures of acceptance and silence that have created this dependency? What can we do to ensure that our children do not have to learn the jargon of आन्दोलन before they learn about the state?
These are the cultures political parties need to shed rather than use them to perpetuate their power. This is what <a href="https://nepalitimes.com/opinion/comment/an-alternative-to-alternative-politics-in-nepal">alternative politics</a> needs to be about.
Sumana Shrestha is a member of Parliament’s Education, Health and Information Technology parliamentary committee and represents the Rastriya Swatantara Party.

murder