Court orders suspension of Major Basnet

KATHMANDU, Sept 17: The Kavrepalanchowk District Court has ordered the Nepal Army to suspend Major Niranjan Basnet, one of the four accused in the Maina Sunar murder case. Basnet, among other accused army officers, is the only officer still serving the army. Two of the other accused Amit Pun and Sunil Adhikari have long quit the army while another accused Bobby Khatri retired recently. Basnet was captain when the murder took place in February 2004. [break]

Court orders suspension of Army Major Niranjan Basnet

Orders army to submit statements of accused

Army should execute court order: OHCHR-N Chief

“The Adjutant Division has been ordered to suspend Basnet as per the Clause 66 (3) of the Army Act,” said Judge Sahadev Prasad Bastola. A ninth grader at Bhagawati Secondary School at Kharelthok in Kavre district, Maina was 15 years old when she was allegedly arrested on Feb 17, 2004 by the army personnel and tortured to death. Her murder is one of the major human rights violation cases of conflict time.

While issuing the order on the murder case on Sunday, the court also ordered the Army Headquarters to submit a copy of the statements of the defendants collected during the Court of Inquiry of Nepal Army in 2005. The statements have not been made public as of today. The Court of Inquiry had found Khatri, Pun and Adhikari guilty and sentenced them to six months of imprisonment.

Challenging the verdict of the Military tribunal, Devi Sunar, Maina´s mother, had filed the First Information Report (FIR) at the District Police Office, Kavre, on December 6, 2005, demanding investigation and prosecution of the guilty before the civilian court.

Maina Sunar murder case has grabbed the attention of human rights organizations in Nepal. Richard Bennett, chief, Office of the High Commissioner for Human Rights- Nepal (OHCHR-N), said that he had once again raised the issue of human rights violations three weeks ago when he met Army Chief Chhatraman Singh Gurung and army officials. “The order of the court should be executed. Army should cooperate the investigation [into the murder of Maina],” said Bennett.

Sadly, previous court orders in the case have gone unimplemented. On January 31, 2008, the Kavrepalanchowk Court had filed charge sheet against 4 military officials including Niranjan Basnet on 31 January, 2008. On the same day the court issued arrest warrant against the four accused, including Basnet. The order, however, is yet to be implemented.

Pun and Adhikari have already left the country and have well settled in Australia, while another accused Khatri retired recently.

Mandira Sharma, executive director of Advocay Forum, a human rights NGO that has been representing the victim´s family and closely working and monitoring the developments of the case, said that justice to Mina will break the cycle of impunity.

“Besides the case will prove instrumental in opening door of justice to thousands of other cases of human rights violations perpetrated during the conflict,” she said.

kiran@myrepublica.com