KANCHANPUR, July 26: Five years have shot by since the Nirmala Panta rape and murder case shook the entire nation. Although an investigation committee was formed to go probe the case, they have not been able to solve the case so far. As the police fail to catch the culprit behind the rape and murder of Nirmala Panta, the case still remains a mystery even five years after the incident.

Her family has given up on Nirmala receiving justice as well. The terrible Nirmala tragedy, which occurred at the nation's western border, sparked a great debate both domestically and internationally. For the probe, in history potentially the largest police investigation committees were constituted. From the streets to parliament, voices were raised to hang the culprit (s). The incident was investigated by a team deployed by the National Human Rights Commission and human rights organizations and a high-level investigation committee formed by the government. However, the perpetrator could not be found.

The parents of Nirmala fought valiantly and sat on hunger strikes for their daughter's justice. They also visited Kathmandu and met the Prime Minister. The district police office was turned into their second home. However, as the years pass and the case of Nirmala's murder remains unresolved, their hopes fade.

Nirmala’s mother Durga Devi said, “There is no hope that my daughter's murderer will be arrested and justice will be served.” Durga Devi says that she has stopped attending to the district police station because she believes no one will discover her daughter's murderer. “Five years have lapsed since I begged justice for Nirmala," she said, “Everyone is aware of all of the details of what actually happened, and even if a government from whatever party is formed, they cannot deliver justice."

However, Sudurpaschim Province Police Chief DIG Bharat Bohora said that the investigation is underway. He said, “Even older issues are being studied from multiple angles and analyzed in a careful manner.” He stated that the guilty will be found sooner or later.

The Advocacy Forum (AF) demands an impartial, independent and immediate investigation into the case and punishment of the perpetrators as per the law and asserts that failing to investigate and prosecute the perpetrators will further entrench impunity in the country. The AF has reminded that the National Human Rights Commission conducted an investigation into the case and in January 2019 submitted a report to the government with four point recommendations and 24-point directives to the government, all of which remain to be implemented.

DNA test of 123 suspects

According to the officials, the investigation into the rape and murder of Nirmala is proceeding from numerous dimensions. DSP Prakash Dangi of Kanchanpur District Police Office said that the investigation is underway. He said, “We are investigating from a new angle by keeping some suspects under surveillance.”

The police have so far conducted the DNA tests of 123 people to find out the culprits of the incident. In the last one year, police have tested the DNA of 10 new suspects. He mentioned that written statements of 680 people have been taken so far.

About 45 suspects were interrogated in the last one year. The expert team, led by DNA expert Jeevan Rijal, identified a flaw in the DNA testing procedure. In spite of the report's conclusion that the criminal cannot be found using the DNA technology, the police have made the DNA method the primary focus of the inquiry.

After Nirmala Pant's murder, the movement for justice in Mahendranagar became outraged. After the agitation intensified, the Ministry of Home Affairs formed a high-level investigation committee comprising DIGs under the coordination of Joint Secretary Hari Prasad Mainali. In its 37-page long report, the investigation committee concluded that the police had been negligent and reckless in the investigation of the rape and murder case of Nirmala Panta. It was suggested that the police be investigated immediately.

It has been mentioned in the conclusion of the investigation committee's report that the adequate amount of police and trained dogs were not deployed to identify the criminals in the location and surrounding areas where Nirmala's dead body and her belongings such as bicycle, notepad and guava were recovered. The police were negligent even when Nirmala was reported missing, the police’s  carelessness and haste while collecting evidence related to Nirmala's murder. The underwear that could contain evidence related to Nirmala's rape and murder was washed away in the water. The genitals and thighs were washed, and the clothes that could help in investigation disappeared.

Probe report not heeded during investigation

The report’s findings were submitted to the government, demonstrating that the police had destroyed the evidence and that the police had opened fire when there was no reason to do that.

Under the coordination of AIG Dhiru Basnyat, the police formed an investigation team to study the reasons for destroying the evidence. According to the team's report, the then Superintendent of Police Dilli Bista and Police Inspector Jagdish Bhatta were dismissed with conditions that they will not be disqualified for future employment with the government service, while six policemen including DSP Angur GC and Gyan Bahadur Sethi were suspended. Then Nirmala's mother Durga Devi filed a complaint against eight policemen for destroying evidence. Durga Devi said that she had filed a case against Dilip Bista in August 2019 out of suspicion. If Bista is not the culprit, the police should find the murderer, she said. Although Durga devi had filed a complaint against Bista based on the video provided by the police, the authorities have not come to any conclusion regarding his involvement in the rape and murder case.

“We had to release Bista because his DNA did not match with the vaginal swab sample of Panta,” DSP Neupane said. “There is no way to tell if someone is guilty or innocent until concrete evidence is found,” he said. Dilip's brother Khadak Bista filed a complaint against four policemen for torturing his brother.

Under the Criminal Code, on charges of destruction of evidence and torture, Kanchanpur District Court released the police on bail. After the court provided clearance, all the policemen returned to work. The then IGP Sarbendra Khanal constituted a review inquiry committee under the coordination of DIG Suraj KC to review the report of AIG Dhiru Basnet. The committee formed under the coordination of KC suggested not to implement the report of the then AIG Dhiru Basnet. The Secretariat of the Inspector General of Police directed that the report not be implemented.

Details of the incident 

A 13-year-old Nirmala Panta of Ooltakha,  Mahendranagar, went to Roshni Bam's house in the morning on July 26, 2018. When she did not return home till evening, her mother Durga Devi reached Roshni's house. When Nirmala was not found there, she called the police.

The police hesitated and refused to search that night. On the morning of the second day on July 27,2018, Nirmala's dead body was recovered from a nearby sugarcane field. After the body was recovered, the relatives demonstrated demanding the culprit be nabbed. Four days after the police gave written consent to find the guilty in the presence of the political parties, on July 30, 2018, Nirmala's relatives cremated the body. From the first week of August 2018, agitations were started to pressure the government to find the murderers of Nirmala Pant.

On July 29, CIB’s DSP Angur GC came to Kanchanpur to investigate the rape and murder of Nirmala. Based on the investigation of the team including GC, the police announced on August 20, 2018 that Dilip Singh Bista of Dharmabhakta Tol, Bhimdatta Municipality-19, who was said to have lost his mental balance, had raped and murdered Nirmala Panta. The police had to fire shots in Mahendranagar on August  23, 2018  and August 24, 2018 when the locals protested, claiming that an innocent man had been held guilty.

Shani Khan was killed by police firing and several others were injured. The police released Dilip Singh stating that his DNA had not matched with Nirmala’s vaginal swab sample. On August 23, the government of Nepal recalled the then District Police Chief SP Dilli Bista, DSP Gyan Bahadur Sethi and Chief District Officer Kumar Khadka and appointed a new team.

 
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