KATHMANDU, Sep 28:
Constitutional experts and members of civil society have criticized the decision of Home Minister Om Prakash Aryal to “not arrest” those involved in vandalism and arson in the September 8 and 9 Gen Z protests.
On Saturday, the Home Minister issued a notice instructing police to refrain from arresting protesters of the Gen Z movement. The notice followed the arrest of around 100 people linked to vandalism, looting, and arson of public property on September 9.
The minister justified avoiding a crackdown by citing the ongoing investigation of the High-Level Judicial Inquiry Commission formed to identify the culprits behind the killings and vandalism during the protests.
The fault lines of civil society
The Home Ministry’s notice stated: “Matters within the jurisdiction of the inquiry commission will not be pursued immediately through the government’s regular mechanisms, but any illegal activities that have occurred or may occur will be dealt with according to law.”
Commenting on the statement, constitutional experts and political analysts expressed concern that such a move could foster a sense of lawlessness and weaken public security.
Constitutional expert Bhimarjun Acharya said, “For the general public, the concept of the state is that it ensures the safety and security of life and property. That is why the state has its own law enforcement agencies. But if the government does not take action against heinous criminal activities, it spreads a sense of statelessness.”
Interestingly, the Home Minister’s notice also contradicts the statement of Prime Minister Sushila Karki. Immediately after being appointed head of the interim government, Karki had said that “no acts of vandalism and arson will go unpunished.”
Senior advocate Acharya also wrote on his Facebook: “It is not appropriate to say that no action should be taken against those involved in crimes merely because a commission has been formed. This seems like an attempt to cover up the incident.”
According to Acharya, while the commission’s report may be somewhat useful for the September 8 incident, it will not help in relation to the September 9 violence.
Similarly, political analyst and professor of political science Krishna Pokharel said that although the Home Ministry’s move could bring temporary relief to young protesters, the government must be careful to identify the real culprits who joined the demonstrations with the sole aim of looting and vandalism.
