News Summary
- Former Chief District Officer Chhabilal Rizal was arrested in Kathmandu on charges of suppressing the Janajati Gen (Janjaati Gen) movement.
- An investigative commission led by former Justice Gauribahadur Karki recommended action against Rizal as well as several senior leaders.
- The commission recommended investigation and prosecution of Rizal under Section 182 for negligence causing death, highlighting that he violated the rule that no one should be killed during crowd control.
March 30, Kathmandu – Former Chief District Officer (CDO) of the Kathmandu District Administration Office, Chhabilal Rizal, was arrested on Tuesday morning.
A team from the Kathmandu Valley Crime Investigation Office arrested Rizal at his residence in Suvidha Nagar on Tuesday morning. He was then sent to the District Police Office in Bhadra Kali, Kathmandu for further investigation and legal proceedings.
The District Police Office will now obtain a court extension from the Kathmandu District Court to continue the investigation. The reason for his arrest relates to a homicide incident during the Janjati Gen protests.
A commission was formed under the leadership of former Justice Gauribahadur Karki to investigate the suppression of the Janjati Gen movement that took place on September 8 and 9 (23rd and 24th Bhadra in the Nepali calendar).
The commission’s report recommended disciplinary action against then CDO Rizal, Home Secretary Gokarna Mani Duwaadi, Home Minister Ramesh Lekhak, and Prime Minister KP Sharma Oli.
It also recommended action against then Inspector General of Police (IGP) Chandra Kuber Khapung, Armed Police Force IGP Raju Aryal, and former head of the National Investigation Department Hutraj Thapa, among others, for involvement in life-threatening offenses.
The Cabinet meeting held on Friday, April 5 (13th Chaitra), decided to implement the commission’s report. However, further committees were formed to conduct a more detailed investigation related to security agencies.
Following this, Home Minister Suvendra Gurung instructed security agencies to carry out the Cabinet’s decisions. Subsequently, former Prime Minister Oli and former Home Minister Lekhak were arrested on Saturday morning.
Three days later, on Tuesday, former CDO Rizal was arrested. During the violent Janjati Gen protests, Rizal had issued a curfew in the Baneshwor area starting at 12:30 pm on September 8.
According to the Local Administration Act of 1971 (2028 BS), a CDO can order firing at the knees if necessary, but most fatalities involved gunshot wounds to the head and chest. The commission questioned the role of the CDO regarding this excessive force.
The report stated, ‘Most of the deceased had gunshot wounds to the upper body. This indicates excessive use of force during the incident. Light arms should have been used when deadly weapons were necessary, but that does not appear to be the case.’
While Rizal claimed in his statement to the commission that he had ordered firing at the knees and use of rubber bullets, the evidence did not support his claims, according to the report.
The investigation found weaknesses in proper crowd control protocols, lack of necessary precautions, procedural errors, and negligence.
Rizal is said to have acted negligently, leading to loss of lives. The report also pointed out that during a four-hour clash between protesters and police around the Parliament building, Rizal failed to appropriately exercise his governmental authority to stop the gunfire.
Accordingly, he has been recommended for prosecution under Section 182 of the Muluki Criminal Code, which states that “no one shall kill another while performing official duties.”
The Karki commission emphasized that under subsection (1) of Section 182, investigations and prosecution should proceed. This provision carries a penalty of up to three years imprisonment or a fine up to 30,000 Nepali rupees.
