State Of Impunity Must End

Narayan Upadhyay

After a pro-tracted wait, the Krishna Jung Rayamajhi Commission Report was made public through the Legislature Parliament. Completed some eight months ago, the report has now put to an end the lingering suspicion whether the recommendations made in the report would be implemented in true spirit.

The commission completed its report after undertaking gruelling investigation, interrogations, and grilling of people accused of having used excessive force, abused positions and misused state coffers in their attempt to trample the Janandolan-II. As the movement picked, the then administration used all the state machinery to an unwarranted degree to quell the popular uprising, killing about 26 people, maiming and injuring thousands.The longer-than-expected delay in bringing the report in the open had also made the government a suspect in the eyes of the people. The government drew massive flak for showing reluctance to mete out punishment to 201 indicted persons as per the recommendations of the 1148-page report. Among the indicted, 35 were the members of from the council of ministers headed by none other than the King Gyanendra, five were the regional administrators, 13 zonal administrators, 115 security personnel from the police, army and armed police forces. A cursory glance at the report makes it clear that the Rayamajhi Commission has suggested taking action against the accused under four categories in accordance with the existing civil code, civil service, military and police acts and accused should be tried for various crimes ranging from the murder of pro-democracy protestors to abuse of authority and corruption. The report has also recommended for the departmental action for few accused. The most important part of the report is that it has suggested the government to enact new laws to punish many of the accused including, vice presidents and ministers of the King led- council of ministers, army top brasses, King’s advisors and many supporters who played vital role to crush the movement.

But the report has had its share of controversies. After the presentation of the report, conflicting statements have been made from the senior members of the government. Many legislators rapped the report for not including the King as the recipient of punishment. The Home Minister said that those accused in the report had already been penalized in one way or other while many believe that the punishment meted out to the accused is just a rap on their knuckles. Even the commissioner Rayamajhi himself said that the government had failed to take action against accused as per the words and spirit of the recommendations. All these statements help arouse lots of suspicion on the part of the government which was accused of dilly-dallying in implementing the recommendations.The long reigning trepidation among the Nepali people that the recommendations conclusions made by any commission set up to investigate into some atrocities, corruption, crimes and accidents are not implemented has been justified on many occasions. Governments when they come to the helm through some revolutions or movements tend to forget or try to tone down the severity of punishments sought in the commission findings. Not long ago, ditto had happened when the people of the nation had fought to restore democracy in 1991. The then government had formed a commission, known as the Mallik Commission, to investigate and then incriminate the people involved in making atrocities against the leaders, activists and supporters of the different political parties participating in the popular people’s movement. The government that was formed just after the restoration of democracy not only failed to action against the people indicted in the Mallik report, but also allowed all of them to participate in politics and take benefits from the various public positions.

The leniency of the then government saw many of the Panchayat followers, indicted by the Mallik Commission, riding to powerful and important ministerial portfolios in later years. But with the presentation of the Rayamajhi Commission report at the Legislature Parliament, a place for the people’s representatives, the days of the state of impunity that has tarnished the Nepali politics, bureaucracy and society as a whole for long are numbered now. The government is under duress to take action against the wrong-doers in accordance with the commission report. The task for the government in taking action seems to be easier now because the government has all the support from every quarter to prosecute the accused. If the present eight-party alliance government was to augment its image, then it must aim to fulfill the people’s aspirations and restore people’s faith on it. Now the government must take a quick and positive move so that it can implement the recommendation in true democratic manner. This is necessary to spread the message among the masses that the government really cares for the rule of law and the protection of people’s human rights. In the past, the many corruption tainted leaders, bureaucrats and civil servants walked freely taking advantage of their clout over the nation’s politics, bureaucracy.

Now, as the Rayamajhi Commission report has come into the open, the eight-party government must not allow persons accused of subverting people’s love and aspiration for democracy and the violators of the human rights roam scot-free. They must be penalized as suitably as suggested in the report.

Source: The Himalayan Times, August 13, 2007