Maoists kill 29 policemen in Dailekh
Three missing, 12 injured

By Damakant Jayshi

NAUMOOLE, (Dailekh), April 7 – In yet another horrendous attack on a police post in Toli VDC here Friday night, the Maoists gunned down 29 policemen, leaving three more missing.

Out of the shot dead, eight of them received the bullets in cold blood, majority of them after surrendering to the Maoists. Out of the twelve policemen injured in the fierce gun-battle, four are in a critical state.

Though the witness said there was also casualties on Maoists side, the scale of such casualty could not be assessed. The surviving policemen claimed that they gunned down some 20-25 Maoists.

About 400 Maoists began the assault at around 10.30 p.m. that lasted for about one-and- half-hour, according to the villagers. However, the police survivors claimed that the encounter lasted well over four hours and they fought till the last of their ammunition.

The heavily armed rebels attacked the post from all sides taking advantages of the surrounding mountains with modestly thick forest. The rebels reportedly used long range guns and spring machines to hurl bombs. Toli Village Development Committee (VDC) is located in the north of the district headquarters of Dailekh, Dullu and is at five and half-hours walk away from Dullu.

The police post was bombed several times during the attack, leaving it completely demolished. Before the attack, the guerrillas of the underground Communist Party of Nepal (Maoist), numbering anywhere between 400 to 600, had lit torches at three different points in the surrounding mountains, said Shanti Kumari BK, whose husband Sher Bahadur Nepali, head constable, was killed in the gruesome killing.

Said Constable Dil Bahadur Shahi, who was one of the survivors, the "mike team", numbering about 100, started shouting slogans presumably to draw the attention of the policemen.

"Then all the hell broke loose as bullets rained like hailstorms on us. First the sentries guarding the police post were gunned down. Those who went to replace them were not spared either," said a visibly shaken Shahi.

After taking total control of the police post, the rebels threatened the 28-surviving policemen, who surrendered to them, with dire consequences if they remained in the police force. They were spared only after they committed to quit their job. The rebels left the police post about four hours after the raid and took away all the 72 rifles with them. The post had a total strength of 72 policemen.

The fate of the three missing policemen is still unknown. Some of the police personnel guess that they might have been kidnapped or killed, while others argued that they might have fled to escape a bid on their lives.

Speaking to The Kathmandu Post, Amar Bahadur Shah, Deputy Inspector General, who flew in from Nepalgunj today morning, admitted that the police post was "somewhat" at a strategically vulnerable location. "But still, this is the best place that we could find in the area for the police post."

The DIG also disclosed that the police force was thinking to shift locations of such vulnerable police posts throughout the kingdom. This post, though at an altitude of 350 metres, is surrounded by a rivulet on three sides and by high mountains on all sides. Besides the high mountains, the Maoists also used the modest forest in the mountain in their advantage.

When asked about the morale of the force after the recent spate of attacks on policemen which had seen 68 police personnel dead since last Sunday, DIG Shah admitted that these attacks indeed "affect" the morale of the force "but, despite the attacks, policemen are still on duty. This is commendable."

Chief District Officer Shankar Koirala said there was no prior warning of the attack, though threats were received. He added that though he too had heard of Maoist casualty, he could not confirm it.

Prior to this nerve-shaking attack, the post had received at least three minor attacks in the past.

Policemen dejected, villagers terrified after the attack

Post Report

NAUMOOLE, Dailekh, April 7 – The scene at this small hamlet was no different from the
aftermath of a battlefield. Charred bodies, bloodstains, destroyed houses, smoldering smoke and wailing relatives completed the ghastly scene.

Bodies with half faces, torn limbs and exposed intestines and mild stench – the picture of devastation was summed up by the blackened and disfigured 29 bodies that were piled up in front of the bombed police post that does not exist anymore now.

The whole area was crowded by people from Toli and surrounding VDCs. Besides them, there were army personnel under the command of a Colonel and police reinforcements. The army took several photographs of the site and held discussions with top policemen.

The policemen who survived the massacre still looked dazed: some terrified and others contemplating resignation. Police morale seemed sinking at the lowest ebb.

Anger seemed to be directed at the powers-that-be. A high-ranking police official was heard seething: "Bloody Maoists, why don’t they kill the politicians who are safe in the capital and never venture out of their cocoon. How long shall we tolerate the massacre of our policemen? If this goes on, we might think of quitting our jobs." His helplessness underscored the state of the country’s police force that is, of late bearing the brunt of Maoist attacks.

The villagers, on the other hand, were simply terrified. Unlike in their previous raids, this time the Maoists had assaulted villagers too. The reason is not far to seek. Many of the policemen at the post had been staying with their family members in the village. The rebels had gone around the village, asking for policemen’s home. They entered several houses searching for policemen and destroyed two of them.

One of the villagers said that they were more terrified due to the presence of the police post in their VDC. "Had it not been here, some of the beaten villagers could have escaped the ire of the Maoists."

Shanti Kumari BK, widowed last night, was in all tears. She was beaten up and asked why she had married a policeman. She almost escaped being kidnapped, as one of the rebels even suggested taking her away, only to be opposed by others.

Another woman, Ratna Kala Jaisi, was sheltered in a make-shift bunker near the police post and was being administered saline water. Her son was killed and house destroyed during the raid.

The other destroyed house was that of 68-year old Patiram Dhakal whose son was also killed during the encounter. The three-storey house of old Dhakal was razed to the ground, and all his foodgrains taken away. "I was singled out as my son was in the police force and my house was frequented by many policemen." His family is now taking shelter in a nearby temple.

Maoists single out policemen

The Maoists seemed to have singled out the police personnel of this post. After the shootout, some 36 policemen surrendered to the Maoists in the hope of being spared the bullet. However, eight of them were not lucky. The rebels took all the policemen to a nearby boarding school and asked their addresses. They had their own list of policemen’s names – apparently a "blacklist." The rebels singled out eight, took them back to the police post and shot them point blank.

However, in terms of sheer human tragedy, the killing of young Mahesh Dhakal, son of Patiram Dhakal epitomizes the "heinous act", as DIG Shah put it. The young Dhakal, after being wounded, rushed towards his house, crying in pain. He took shelter in his mother’s lap, asking for her help. The Maoists chased him and shot Dhakal dead in his mother’s lap, drenching her clothes red with her son’s blood. The wailing lady was also beaten up by the rebels.

UML bent on taking to streets

Post Report

KATHMANDU, April 7 - As underground Maoists continued to escalate violence in the mid-west region of Nepal, top leaders of the main opposition CPN-UML today expressed grave concern over the deteriorating law and order situation, reiterating Prime Minister Girija Prasad Koirala’s resignation as the only way out to the crises facing the nation.

Sixty-five lawmakers of the party huddled together at UML’s Parliamentary Party Office this morning, ahead of Sunday’s major showdown to mark the People’s Movement Day, and discussed at length the problems bedeviling the nation, the party’s Whip Parshuram Meghi Gurung told The Kathmandu Post Saturday evening.

The meeting, chaired by General Secretary Madhav Kumar Nepal, started at 10 a.m. and lasted till 12 p.m. in the afternoon.

"Overall situation of the country is worsening, and Koirala’s resignation is the starting point towards a corruption-free Nepal," Gurung quoted the General Secretary as saying in the meeting. "We need to participate in the campaign against him (Koirala), which is also a movement against corruption which is all-pervasive."

According to a press release issued by Gurung, Nepal also pointed out the need to amend the Constitution in order to consolidate the multi-party democratic polity. "We can bring about drastic changes by amending the Constitution, failing which democracy will become weak," Nepal is quoted as saying.

Nepal first floated the proposal to amend the country’s nearly 11-year-old democratic Constitution last year. The proposal has also been backed by the ruling Nepali Congress, Nepal Sadbhawana Party and other political force, but has remained overshadowed with the main opposition party focussing its energy on the PM’s resignation over his alleged role in the controversial Lauda Air deal.

In today’s meeting, UML’s second strong leader KP Sharma Oli too called on his party cadres to employ "all means except guns" to remove Koirala from the prime ministerial chair, according to the release.

UML leaders have been demanding Koirala’s resignation for the last two months or so. Even the 57-day long 19th Session of parliament concluded without a single working day last week with the second largest party leaders hell-bent on their demand regularly disrupting the House proceedings.

Koirala, in turn, has been turning deaf ears to their demand and has challenged them to remove him through constitutional means.

According to Gurung, UML is demonstrating nation-wide street demonstrations demanding Koirala’s resignation Sunday, which marks the 11th anniversary of the restoration of multi-party democracy in the country.

Gurung said, the demonstration and mass meets are due in Jhapa, Morang, Sunsari, Udaypur, Janakpur, Hetauda, Butwal, Pokhara, Nepalgunj and Kathmandu. General Secretary Nepal, second man Oli and other top-notch leaders will address a mass meet in the capital’s Khulla Manch (Open Air Theatre) at 1 p.m. Sunday, which will be followed by a series of street demos.

Prachanda for dialogue

KATHMANDU, April 7 (PR)– Chairman of the Nepal Communist Party (Maoist) Prachand in a statement issued here today has urged the government and other forces to seriously work for dialogue or be ready for even graver consequences.

In the statement Prachand has flayed the government for squandering the opportunity and has warned it "not to act only in protecting its existence."

The statement also says that the Maoists are ready to sit on the negotiating table and discuss on the need for all-party conference, interim government and change in the Constitution.

"We request all the concerned forces to understand the gravity of our appeal for dialogue and not to take it lightly," the statement. However, the statement doesn’t categorically speak about Friday night’s incident that killed at least 29 policemen.

NC to publicly air current problems

Post Report

KATHMANDU, April 7 - Countering the main opposition party’s street programs to oust Prime Minister Girija Prasad Koirala, the ruling Nepali Congress today officially announced various mass meetings in all 75 districts including one at the Open Air Theatre in Kathmandu on Monday.

The main opposition party Communist Party of Nepal Unified Marxist and Leninist (CPN-UML) has already announced similar programs nation-wide to press for Koirala’s resignation for his alleged involvement in the controversial Lauda Air deal.

In a press conference organized by the NC at the party office today, Central Committee member Narahari Acharya said that the party was organizing the mass meetings to inform the people about the disruption caused by the opposition party during the 19th Session of the parliament. The party will also make public its views on contemporary issues.

"As the House could not conduct any of its regular business due to opposition party’s resistance, it has become imperative for the NC to go to the people to put forward its views on the pressing issues facing the nation", said Acharya.

Thirtha Ram Dangol, Convenor of the Bagmati Zonal Mass Meeting Organizing Committee, blamed the CPN-UML for not allowing the House to discuss crucial issues like bills to amend clauses of the Civil Code and corruption during the just concluded parliamentary session.

"The NC is always ready to face all the challenges of the opposition so long as it comes constitutionally, but not under pressure. The UML has betrayed the people and the nation by disrupting the House. Therefore, we want to make it clear through various programs", said Dangol.

Replying to a query, Acharya said that they would convene the programs in all districts despite the mounting attacks by the underground Maoist Party.

The CPN-UML, along with other opposition parties, disrupted the entire Winter Session, demanding Koirala’s resignation for his alleged involvement in the shady Lauda Air deal.

The UML has demanded Koirala’s resignation to pave way for impartial and fair investigation in the controversy surround the Lauda Air controversy.

The UML is organizing a mass meeting at the Open Air Theatre Sunday, coinciding with the restoration of Multi-party Democracy Day, as a "preliminary" program to press for the PM’s resignation.

Judiciary efficiency through procedural law reforms

By Pramod Poudel

KATHMANDU, April 7 - If one is to go by the saying, "justice delayed is justice denied" and employ it as a yardstick for measuring the effectiveness of the judicial system then Nepal’s judicial system fails the test.

Currently there are about 62,000 backlogged cases in various courts in Nepal out of which about 16,000 are pending in the Supreme Court (SC) itself. Some of these backlog cases are as old as ten years. Even more classic example comes from the cases of writ petitions, some of which have also been on pending for ten years, though they require immediate disposal.

However, the Court officials do not agree that all these cases represent a case of delayed justice. Some of these cases are lying due to absence of required documents necessary for decision-making purposes, officials say.

But the legal experts point out that it is time that the judiciary resorts to various alternate modes of dispute settlements to reduce the pressure on the courts of law, as they are flooded with all sorts of cases.

"The pressure upon SC is mounting as it has to look into all sorts of cases," says Kashi Raj Dahal, recently appointed Secretary of the Judicial Council and a former spokesman of the Supreme Court.

Dahal estimates that twenty per cent of the backlogged cases are such petty cases where the disputed worth is less than Rs 20,000. Land dispute and family matters make up the major chunk of cases that knock the doors of the Supreme Court.

"Alternate measures should be sought for the settlement of these disputes," says Dahal.

One viable solution could be the introduction of laws for conciliation and mediation as a means of Alternate Dispute Resolution (ADR) to reduce the mounting pressure on the court.

In developed countries where judicial system is robust, just 10 per cent of the cases are referred to the general courts and the rest are solved through the means of ADR. However in Nepal, almost all the cases go to the courts due to lack of ADR.

Though there is Arbitration Act, 1999 (one form of ADR), many flaws inherent in this Act continue to handicap its implementation, says advocate Iswori Chandra Sharma.

There is also absence of specialised bench to oversee the cases unresolved through ADR. "There should be a specialised bench to look after ADR related cases," says Sharma.

Legal experts also point out the need for reforms in the existing procedural laws, which could dramatically reduce the mounting pressure upon the court. One of the serious problems with the existing procedural laws is the system of issuing summons (myadtameli) - the practice of giving time to the party by court for what it has to say.

"The existing system of issuing summons, which dates back to the origin of the civil code, is defective and requires correction," says advocate Balram KC.

Even the Court Strengthening Committee formed under the chairmanship of Dahal has recommended a set of measures for reforms. The recommendation also includes the changes in the current practice of issuing summons.

"New technology should be introduced where the law permits the use of fax, email and even public media while issuing summons," says Dahal. There are many parties to whom summons could be issued through the use of these modern-time devices. Unfortunately, the court still opts for the traditional approaches whereby the court sends its staff to the concerned party’s place, whereby the task of issuing summons should be verified by the ward officials.

The court officials argue that the technicalities involved while issuing summons have really given hard time to the court. Agrees SC’s Joint Registrar, Durga Prasad Dawadi that there is a need of a new act for issuing summons, as the present system is very troublesome.

In some of the cases, the practice of issuing summons has effectively sent many cases into pending. Take, for instance, the case of dispute between Nepal Orient Magnesite and Ministry of Finance against the Damodar Ropeway Construction of India. In a case related to an international arbitration between them, KC says, "due to lack of provisions in the law to issue summons in the foreign country the case is lying in the Patan Appellate Court since the last two years."

Even in his forthcoming comprehensive report on "effective court management system," Dahal has stressed about the necessity of smooth case flow, calendar system in the court, scientific ways to maintain record and information and the need for capacity building among the judges within the judiciary for smooth delivery of justice.

Will it, indeed, ever happen?

Refugees urge for faster verification

By Chintamani Dahal

BHADRAPUR, April 7 - Most of the Lhotsampa refugees who are being verified by the Nepal-Bhutan Joint Verification Team (JVT) have urged the two countries to find ways towards speeding the verification process.

The request comes despite the JVT decision to verify 11 families starting Monday, one more than the usual 10 they have been verifying since the process was launched on March 26. According to Sushil Jung Rana, Jhapa’s Chief District Officer and leader of the Nepali five-member JVT delegation, the number is slated to increase gradually in future as agreed earlier.

"The objective of Bhutan is questionable under the present circumstances...We feel as if Bhutan is really trying to delay the resolution of the issue," says President of Bhutanese Refugees Repartition Committee, a refugee group fighting for the early repatration of Bhutanese refugees. Till last Thursday, only 54 refugee families had been verified since the verification started.

Many refugees have been saying that it would take more than five years to verify all of the nearly 100,000 refugees languishing in the camps of eastern Nepal for past 10 years.

Moreover, many say that the decision of the JVT over unborn children of pregnant refugees mothers and also those born in refugee camps in Nepal is still unclear. Just yesterday, a women refugee from Khudunabari camp had experienced labour pain while being verified at the JVT office in Damak.

The refugees have also flayed the Druk government for escalating relocation of northern Bhutanese, Drukpas to the land and houses of the refugees in Southern Bhutan.

Maoists call for all-party government

Post Report

SIMLI, Rukum, April 7 - For the first time ever since the Maoists began their armed struggle six years ago, its party leaders have publicly called for the constitution of an all-party government, CPN (Maoist) included, to resolve the present crisis.

"A Maoist-included all-party government should be established by dissolving the current government and a new people’s Constitution be formed to end the present crisis," said Bigyan Roka, identifying himself as a responsible Maoist leader while addressing a gathering here, Friday. This place lies three hours trek away from Musikot, the district headquarters

Roka also warned that the future of any political party that confronts with the Maoist views lies in danger. He also accused the government of ignoring to hold dialogues with the rebels despite their several biddings.

Addressing the 11th People’s Movement Day, he said his party had attacked many police stations, including the Rukumkot area police post, in order to challenge the government’s decision to form the Armed Police Force and Regional Administrators through ordinances.

Assistant Section Commander of Maoist army platoon No-3, Jeevan, who reportedly played a leading role in the attack on Rukumkot police post, also addressed the meeting attended by more than 4,000 people.

Another Maoist leader Bigyan speaking at the gathering revealed that his party had taken away a total 58 three-nought-three rifles, six Magnum pistols, four other pistols, three revolvers, one shotgun, four home-made guns and 6,265 cartridges from the Rukumkot post, last Sunday.