Section 177 of the National Criminal Code Act, 2017, states, “No one shall intentionally kill another person or engage in or cause any act that results in death.” However, on Friday, in the name of a pro-monarchy protest in the Tinkune area, a journalist filming the demonstration was killed by setting the building where he was in on fire. One protester also died.
The Annapurna Media Network (AMN) office was deliberately set ablaze while journalists and staff were working inside. Not only that, private homes were torched and commercial establishments looted. Government offices and vehicles were burned and destroyed.
Destruction was unleashed and criminal activities were carried out under the guise of protest. Legal experts state that seven different laws apply to those engaged in those criminal activities. These include crimes against the state, homicide, attempted murder, arson-related offenses, theft and robbery, and organized crime.
Police are arresting those involved in the anarchic demonstrations held under the pretext of restoring the monarchy. Cases are being prepared against them. According to police, criminal incidents occurred in Kathmandu’s Tinkune area during a protest led by supporters of former King Gyanendra Shah even though permission was obtained for a peaceful demonstration under the coordination of Nawaraj Subedi and leadership of Durga Prasai. During the protest, private properties, hospitals, media houses, political party offices, business centers and vehicles were vandalized, set on fire, and subjected to other violent acts. During the protests, 52 Nepal Police personnel and 32 Armed Police Force personnel were injured. Thirty-five protesters injured in the course of the protests are receiving treatment in various hospitals.
Senior advocate Satish Krishna Kharel said that criminal acts appeared to have been committed by groups frustrated or dissatisfied with the current system. He said the police should collect CCTV footage and other evidence for investigation.
Senior advocate Tikaram Bhattarai said violent actions in the name of demonstrations are unacceptable. “The participation of disorganized and anarchic mobs in the protest have led to disastrous consequences. This protest is against constitutional order and the entire constitutional system—it is a crime against the state,” he added. “Since former King Gyanendra Shah appears to have directed these activities, he should be held legally accountable.”
Police have so far detained over 51 individuals accused of involvement in illegal criminal activities, with further investigations underway. Kathmandu District Police Range has informed the Parliament Secretariat that House of Representatives member Dhabal Shamsher Rana of Rastriya Prajatantra Party (RPP) has been arrested on criminal charges. Senior RPP leaders including Rabindra Mishra and Swagat Nepal have also been detained.
Bhattarai said that the government must investigate crimes such as homicide, offenses against the state, destruction of public property, attempted murder and arson.
The government is preparing to take strict legal action against those who damaged private residences, offices and other properties unrelated to the protest’s cause. Officials from the Office of the Attorney General said they are preparing to prosecute based on the most applicable charges, with at least half a dozen offenses likely to apply.
Senior advocate Kharel, who is also a criminal law expert, said that the mob’s mentality was clearly riotous. “It appears that a group of individuals frustrated with the current system gathered. Evidence such as CCTV footage must be collected to file cases against each perpetrator accordingly,” he added.
Potential charges
Legal experts state that those who systematically attacked, set fires, vandalized, and looted media houses, public and private properties, offices, and businesses could face at least half a dozen charges.
Charge no. 1: Crimes against the state
The constitution mandates that every individual must abide by its provisions. Since the protest involved killing a journalist and attacking security personnel, it qualifies as a crime against the state.
Charge no. 2: Homicide
Section 183 of the National Criminal Code Act, 2017, criminalizes attempted murder with intent, punishable by up to 10 years in prison and a fine of up to Rs 100,000.
Charge no. 3: Attempted murder
If a life was not lost but the intent to kill existed, attempted murder charges can be filed.
Charge no. 4: Arson-related crimes
Protesters set vehicles on fire, including one belonging to a parliamentary official, and burned other properties. Authorities imposed a curfew in affected areas following increased arson incidents.
Charge no. 5: Theft and robbery
Protesters forcibly entered the Bhatbhateni Supermarket in Kotewshwar and looted mobile phones, clothing, alcohol and other goods.
Charge no. 6: Organized crime
Vandalism occurred at the law firm of advocate Raj Kumar Suwal. Protesters also stoned the home of CPN (Unified Socialist) Chairperson Madhav Kumar Nepal.
Senior advocate Bhattarai said the protest was against constitutional order and the entire constitutional system—a crime against the state. He said former King Gyanendra Shah should be held responsible for the incidents.
The killing of a journalist and terrorizing the media, businesses and the public has been widely condemned. The Federation of Nepali Journalists, Nepal Bar Association, and Nepal Chamber of Commerce, among others, have demanded immediate legal action, compensation for damaged media houses, and enhanced security for journalists, lawyers and businesspersons. They have also called for a thorough investigation into the inhumane incidents and strict legal action against the perpetrators.
