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Krishna Adhikari

Krishna Adhikari On 6 June 2004, Krishna Prasad Adhikari, a resident of Fujel village of Gorkha District, was murdered in Chitwan District by Maoist cadres. Krishna Prasad was visiting his grandparents after having taken the SLC examinations, and he was abducted from Bakullahar Chowk by men who came on a motorcycle ...
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Maina Sunuwar

Maina Sunuwar Around 6 am on February 17, 2004, a group of RNA soldiers arrested Ms Maina Sunuwar, a 15-year-old schoolgirl of Kharelthok VDC-6, Kavre district. She disappeared since her arrest. Her family members, with support from villagers and school where Maina was a student, visited detention centers ...
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Sanjeev Kumar Karna

Sanjeev Kumar Karna Sanjeev Kumar Karna was one among the 11 persons arrested on October 8, 2003. On that fateful day, they had gone to attend a picnic program organized by the students at a place called Kariyachauri VDC-4, and from picnic, they went to Kataiya Chowri Area of Dhanusha district where they ate some food ...
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Arjun Bahadur Lama

Arjun Bahadur Lama, 48 years in age, permanent resident of Chhatrebas VDC -5, Dapcha in Kavre district was abducted by a group of Maoist cadres, three in number, on 29 April 2005 (2062.1.16 BS) from the premises of Sri Krishna Secondary School at Chhatrebas VDC-1 of the district.
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Hari Prasad Bolakhe

Hari Prasad Bolakhe, 35 (while missing) a permanent resident of Phulbari VDC-8, Kavre district, a pastor by profession, had been missing since the arrest December 27, 2003, was reportedly killed by security persons. A team of National Human Rights Commission discovered a human skeleton in a jungle ...
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Sarala Sapkota

Around 11 p.m. on July 15, 2004, a group of 12 armed soldiers arrested Sarala Sapkota at her grandfather’s house. The family, who witnessed the arrest, stated that soldiers gave Sarala no reason for her arrest. After her arrest, Sarala’s family went to Baireni barracks and the DPO ...
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Birendra Shah

On the evening of 5 October 2007, Mr. Birendra Shah, 34, resident of Inruwasira VDC-8, Bara district, a local journalist of Bara district and correspondent of Nepal FM, Avenues Television and Dristi weekly, was abducted by Maoists from Pipara Bazaar in Kalaiya, the district headquarters of Bara ...
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Bishwanath Parajuli, Tom Nath Poudel and Dhan Bahadur Tamang

Three persons namely Bishwonath Parajuli (also called Nagendra Parajuli), Tom Nath Poudel and Dhan Bahadur Tamang of Hasandaha VDC, Morang were shot dead by the security personnel on 28 September 2004. According to the eyewitnesses, other victims and the villagers, about 16 people were arrested ...
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Chot Nath Ghimire and Shekhar Nath Ghimire

Chot Nath Ghimire, a 58-year-old farmer, resident of Ishaneshor VDC-4, Ratamate Majhpokhari of Lamjung district was allegedly arrested by the Joint Security Forces of Joint Security Camp stationed at Bhorlatar VDC, Lamjung district on February 2, 2002 (2058.10.20). The security camp called Mr. ...
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Bhauna Tharu

Bhauna Tharu (Bhauna Chaudhary in the citizenship card), 21 years old male (at the time of the incident; Date of Birthe: 8 September 1978), son of Purna Bahadur Chaudhary, permanent resident of Sujanpur village, Neulapur VDC-4, Bardiya district, and an employee of Rastriya Gobar Gas, Gulariya, ...
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Close Encounters

Stories from the Frontline of Human Rights Work in Nepal

Close Encounters
During Nepal’s armed conflict and its aftermath, human rights violations not only scarred and destroyed the victims but had a devastating effect on the lives of human rights defenders.
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District Courts Indifferent to Juvenile Justice

02 July 2020, Kathmandu: In the course of prioritizing the best interest of children amid COVID-19 concerns, on 20 March 2020, 25 March 2020 and 3 April 2020, the full bench of the Supreme Court (SC) issued directives that minors currently detained at correction facilities in different parts of the country to be handed over to their parents or guardians upon request to serve the remainder of their sentence at home. However, district courts are found deciding cases against the very spirit of SC's order. Even in offenses of similar nature, some Courts have released the juveniles whereas some rejected the application for release. More importantly, Judges of district courts have been using their absolute discretionary power to decide cases. These inconsistencies in decisions have already raised discourse in legal community. It also poses an imminent risk in the administration of the justice.

For instance, in Pappu Kha on behalf of alias Ganeshpur (name changed) v. Government of Nepal, on 12 April 2020, Banke District Court rejected the Juvenile's application to be released on parental custody stating that "the full bench of the Supreme Court (SC), on 3 April 2020, asserted that judges could decide based on the analysis of legal provisions and available evidence on the case dossier. As the case dossier showed that the defendant juvenile had confessed the crime, and based on the severity of the crime, the juvenile could not be released in parental custody.” However, the High Court Tulsipur, Nepalgunj Bench, on 16 June 2020, repealed the decision of the Banke District Court in the writ of habeas corpus. Moreover, the Banke District Court was ordered to make 'appropriate decision' regarding the juvenile. Despite the order by High Court, district court repeated the same old order refusing to release the defendant in parental custody. Consequently, on 30 June 2020, a writ of habeas corpus was filed in High Court Tulsipur, Nepalgunj Bench against the non-compliance and violation of the High Court's previous order. So far, the High Court Nepalgunj, Tulsipur bench has issued a show cause order against Banke District Court.

Earlier, SC has ordered the release of Juveniles on a writ applications of similar nature filed against the decision of Khotang District Court, Kailali District Court and other district Courts.

The defiance displayed by district courts is a clear example that some district courts are not sensitive towards the issue of juvenile justice. The recent decisions by districts courts have failed to uphold the core objectives of juvenile justice, particularly in the situation where children are at high risk of the corona virus infection.

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