The court order means that police are now required to arrest Rana under the Government Cases Act for investigation and file a criminal case in court, said human rights advocate Govinda Bandi, the victims’ lawyer. [break]
Rana was chief of Dhanusha District police at the time of the disappearances. He is now chief of the crime division at Police Headquarters.
According to the affidavit presented at the apex court, Rana, army officer Anup Adhikari, then Senior Superintendent of Police Dr Chunda Bahadur Shrestha and then Chief District Officer of Dhanusha Rewati Raj Kafle allegedly disappeared Karna and Mandal following their arrest from Janakpur Municipality-4.
The disappearance of Karna was one of the high-profile human rights cases during the time of the Maoist conflict. According to Bandi, the case was also taken up by the UN Working Group on Enforced or Involuntary Disappearances in 2006. The UN outfit had then recommended to the government to investigate the disappearance of Karna impartially.
Justices Damodar Prasad Sharma and Prakash Chandra Wosti issued the order Monday, taking up separate writ petitions filed by the families of Karna and Mandal.
The court also noted conflicting reports on the disappearance of Karna and Mandal while ordering the authorities to carry out further investigations.
According to a letter to the National Human Rights Commission of January 23, 2006 sent by the Nepal Army, police were responsible for the disappearances.
However, a high level probe report of the Nepal Police blamed the Nepal Army. Nepal Police said in its report presented before the court that it had handed over Karna and Mandal to Bhiman Barracks of the Nepal Army immediately after their arrest.
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