According to the District Police Office, the dilemma to re-open the cold case file still exist as the case was closed earlier as per the Government Cases Act (1992).
“We had sought suggestion from the public prosecutor´s office that on which legal base we can re-open the file which was closed as per Government Cases Act,” informed Superintendent of Police Pradhyumna Karki.
According to Karki, the district attorney´s office has advised that reinvestigation could start as the National Human Right Commission had directed the government for the purpose. In its suggestion, district attorney´s office has, however, not suggested any legal framework to base the reinvestigation of the Adhikari murder case on.
Karki further said that he has never heard of the reinvestigation of the cases closed as per the Government Cases Act so far. [break]
After the Police Headquarters had written to district police last Tuesday to start investigation into the Adhikari murder case, the Chitwan police had sprung into action.
Adhikari, of Fujel village in Gorkha district, was murdered after abduction on June 6, 2004 by the then CPN (Maoist) cadres when he was in Chitwan to meet his relative during the insurgency.
Immediately after the murder, Adhikari´s father, Nanda Prasad had registered complaint to the police demanding an investigation.
Later, on 12 June 2006, Adhikari´s brother Nur Prasad, registered another complaint, categorically naming the murders and providing their details.
However, the case was closed after the Attorney General´s Office on December 18, 2012 wrote to the Chitwan police not to proceed with the investigation on the case saying a Truth and Reconciliation Commission would be constituted to look after the cases pertaining to human rights violation during the insurgency.
After Adhikari´s parents, Nanda Prasad and Ganga Maya started a fast-unto-death demanding justice in the case around two weeks ago, the NHRC had directed the government to start investigation into the case.
Nanda Prasad and Ganga Maya are on the hunger strike since the past third weeks at the emergency ward of Bir Hospital in the capital, and the doctors are worried about their failing health condition.
Nur Prasad said that the police should book the guilty without further delay.
“At least some of the guilty should be booked immediately. Otherwise, our parents will continue with their fast-unto-death,” Nur Prasad warned.
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