KATHMANDU, March 8: Alarmed by the Supreme Court’s decision to allow filing cases against Prime Minister Pushpa Kamal Dahal, who as the leader of the then Maoist rebels started the People’s War that killed over 17,000 people, the Maoist leaders convened a meeting  on Tuesday and issued a three-point declaration. The Maoist leaders, who are now divided in different factions, made it clear that they will protest and counter any activity that is against the peace agreement.

A statement issued after the meeting says, "Our serious attention has been drawn to the ongoing discussion regarding transitional justice. We firmly believe that matters related to the peace process should be managed in accordance with the comprehensive peace agreement. Matters related to transitional justice should be taken forward through the Truth and Reconciliation Commission.”

Decisions of the meeting include opposing and countering any activity contrary to the spirit of the Comprehensive Peace Agreement and concluding all matters related to transitional justice through the Truth and Reconciliation Commission and the Commission of Investigation into Enforced Disappeared Persons and, focusing on executing them quickly.

The leaders attending the meeting said that they are committed to implementing the agreements signed with the state at different dates.

The Maoist leaders have suddenly expressed their willingness to take forward the matters related to the transitional justice mechanism after dilly-dallying for over 16 years. The then Maoist rebels and the Government of Nepal had signed the CPA back in 2006. It has been almost 17 years since the warring sides signed the peace accord but the victims of the People’s War are still denied justice because of the deliberate efforts of the political parties including the Maoists.

In this context, the Supreme Court recently ruled that the conflict victims cannot be denied justice indefinitely. The apex court also overturned the SC Registrar’s decision not to register cases against CPN (Maoist Centre) Chairman and incumbent Prime Minister Pushpa Kamal Dahal. Fearing prosecution, the Maoists leaders called for the emergency meeting and decided to stand united.

The victims of Maoist insurgency had filed a writ petition at the apex court seeking justice on the pretext that PM Dahal had publicly claimed responsibility for the killing of 5,000.

Addressing a program organized on the occasion of the Maghi festival in Tundikhel on January 15, 2020, Prime Minister Dahal had said that he would take responsibility for only 5,000 of the 17,000 people killed in the war.

“Perhaps there are more questions for me here also because I am here as the chief guest and the leader of the party which led the fight for the identity and rights of all the oppressed castes, classes, regions and communities in the past. Maybe, friends have put forward a lot of questions here. It's probably not possible for me to answer all of them one by one right now, but I would like to say a few things. I just want to correct the data. Friends and respected people, this is not the truth, what is the truth? Let me tell you. The truth is that yesterday's feudal kings killed 12,000 people. If you hold me responsible for 5,000 deaths, I will accept it. But it is unfair to blame me for killing 12,000 of the 17,000 people,” said Dahal, adding. “I have always said, I am responsible for the war, I am responsible for the good and bad things that happened during the war. I don’t intend to run away from it.”

Kalyan Budhathoki, Binod Sapkota, Kamala Rai Timalsena, Humraj Dawadi and other victims of the decade-long conflict filed a petition at the Supreme Court citing the same statement of PM Dahal as evidence. 

After registering the petition, talking to the media persons, petitioner Budhathoki said that two cases have been registered by 26 people. He said that during the conflict, he had registered a petition regarding heinous crimes against the law.

Similarly, the writ petitioner Shivkumar Budhathoki said that eight people and 17 family members of those who were killed by the Maoists have filed the two cases. “Since Prime Minister Dahal has said that he will take the responsibility for 5,000 deaths, should he not be brought to justice?” he asked. He said that the Maoists had looted all his property, and now when the head of the Maoists is the prime minister, he has filed a case demanding the return of his property.

Stating that they hoped to get justice from the court, he questioned if former prime minister Dr Baburam Bhattarai, Nepal Communist Party General Secretary Netra Bikram Chand and other Maoist leaders don’t have to return the property they had stolen in the past even after signing the peace accord and agreeing to respect the rule of law. He also said that a person who has killed at least 5,000 people cannot become the prime minister of the country, adding that the victims must get justice.

"Among the petitioners, there are eight people who are victims of the conflict as their property was looted and 17 people whose family members or close relatives were killed by the Maoists. Our people are among the people who PM Dahal publicly took the responsibility for having killed. They looted everything I had including my house. He (PM Dahal) has not returned my property yet,” said Budhathoki.

“We were expecting him to return everything at least when he is the prime minister. I have demanded that my looted property be returned. We believe that we will get justice from the court. I am saying this also to leaders like Netra Bikram Chand and Dr Baburam Bhattarai. Shouldn't they return my property after stealing it? Can a person who has killed 5,000 people be the prime minister of the country? The victims should get justice.”

The hearing of the petition against Prime Minister Dahal has been scheduled for Thursday at 10 AM by the Supreme Court.

 
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