07-12-2014. The District Court, Dailekh, today issued a final verdict on the murder of Scriber Dekendra Raj Thapa. Journo Thapa was abducted on 26 June 2004. He was then reportedly injected severe torture and buried alive. He was found murdered. On 16 August 2004, a Maoist Commander had revealed that Thapa was 'wiped out'. The case had been sub-judice for the last 22 months. Despite UCPN Maoist led coalition government, on 9 January 2013, directed to immediately halt all investigations into the case, the Court finally ruled its verdict. 

The Court delivered the final verdict after hearing the arguments of both the plaintiff and the defendants, keeping open the provision to grant amnesty to the perpetrators and reparation to the victims. The Court sentenced two years of imprisonment to Nirak Ghartimagar, Harilal Pun and Jaya Bahadur Shahi. Lakshiram Ghartimagar and Bir Bahadur KC were ruled for one and a half years and one year of incarceration respectively. Also, the court asked the District Prison to release Bir Bahadur and Lakshiram, stating that they had served their terms by the time. All the five convicts were remanded into judicial custody for two years. The court has also decided to keep on hold the cases of four other accused who are at large.

Though this verdict is not that much encouraging in relation to sentencing for a serious crime, it however, has ended the debate that has been hovering around Nepalese transition that the existing criminal justice system is not binding to look after the conflict-era cases and that these cases will be attracted under TRC Law. Also, the case has depicted the truth that seeking justice for victims of conflict in Nepal is still much challenging.

Mr. Thapa did have several affiliations with social networks. He was affiliated to Radio Nepal, Nepal Red Cross Society, Dailekh, Amnesty International, and the President of Drinking Water User Committee.

On 26 June 2008, Dekendra's dead body was exhumed with the technical assistance provided by National Human Rights Commission (NHRC), Nepalgunj. After eight years of relentless struggle made by Laxmi Thapa, wife of the deceased, the police had arrested five alleged perpetrators on 5 January 2013, while three others were at large. Laxiram Gharti, one of the arrested, provided his statement to the police and the public prosecutor saying that he and others had buried Dekendra alive after severely torturing him as per party instruction. He further added that he was eager to tell the truth to authorities regarding the murder. He also said that he was ready to face any punishments so that Dekendra's soul would rest in peace.

Laxmi Thapa, wife of Dekendra, filed an FIR to the police on 22 August 2008 requesting investigation into the case. The police, however, failed to make any progress in the investigation for four years. Even after the registration of the FIR pinpointing the perpetrator, the police did not appoint any investigation offer, did not inform the respondent public prosecutor's office and even the public prosecutor office remained indifferent to the case. Then, Laxmi Thapa, requesting a mandamus order to the police for prompt investigation into and prosecution of the case, filed a writ of mandamus at Appellate Court, Surkhet on 12 December 2012.  The court then ordered to promptly initiate investigation into the case.  

On 5 January 2013, the Dailekh district police arrested five cadres of UCPN-M and CPN-M on suspicion of abducting and killing a journalist, Dekendra Raj Thapa during the insurgency. Despite a reported confession of one of the alleged perpetrators, police investigations were temporarily halted for few days following orders of the Government of Nepal the Attorney General pressurising the Dailekh District Attorney’s Office and District Police Office to stop recording statements of the accused. The Government claimed that these cases would be dealt with by a Truth and Reconciliation Commission and that immediate proceedings were threatening to peace process.

On 15 January 2013, responding to a writ petition, filed by Laxmi in the technical assistance of Advocacy Forum, against the Prime Minister and the Attorney General, the Supreme Court ordered the police and District Attorney’s Office to continue investigations and summoned the Prime Minister and Attorney General for contempt of court.

Advocacy Forum has been providing legal assistance in this case from the very beginning of filing the FIR to the Police.