KATHMANDU, JULY 10
Ajit Dhakal Mijar's corpse has been kept at the Teaching Hospital morgue in Maharajgunj for eight years.
Ajit, an 18-year-old young Dalit youth, who was in an inter-caste relationship with a girl belonging to a so-called dominant caste without her family's approval, was found dead in under suspicious circumstances on 14 July 2016 in Dhading.
The 2015 Constitution of Nepal has enshrined the commitment to eliminate all forms of discrimination, including castebased discrimination, and to respect and provide equal protection for all before the law.
Ajit was in an inter-caste relationship with a girl named Kalpana Parajuli who belonged to the so-called dominant caste. The relatives of the girl were against this inter-caste relationship as Ajit was from the Dalit community a so-called low caste.
Ajit was found dead hanging from a tree. His death was noted as suicide and his corpse was declared unidentified and buried by the police authorities.
Ajit's father, Haribhakta Dhakal Mijar heard about the death of his son in a news bulletin and approached the police authorities. The police mentioned that suicide was the reason behind the Ajit's death and he was buried.
Ajit's father asked the police to exhume the buried corpse of his son to perform final rites. When the body of his son was exhumed, Ajit's father found certain anomalies which raised his suspicion that the death of his son was not due to suicide but it was a case of homicide. So, Ajit's father took the exhumed body to the hospital as the cause of death was not under normal circumstances. Ajit's corpse has been preserved in a morgue at the Teaching Hospital in Maharajgunj for the past seven years as Ajit's father has refused to perform the final rites of his son until he got justice.
Ajit's father filed the first information report with Area Police Office in Gajuri, Dhading on 17 July 2016,suspecting murder. He named three of Kalpana's relatives as the accused. He also demanded proper investigation of his son's death.
Following the conclusion of police investigation and prosecutorial evidence at the trial proceedings, Dhading District Court on 3 June 2018 pronounced the verdict acquitting all three accused, namely Binod aka Tek Bahadur Parajuli, Dhruba aka Bhoj Bahadur Parajuli, and Samjhana Parajuli in Ajit Mijar's case.
Subsequently, on 25 April 2022, a bench of Patan High Court upheld the verdict of Dhading District Court by acquitting all three of the accused. After instructions from the High Court Public Prosecutor's Office, the Office of the Attorney General decided not to appeal the judgement. Unsatisfied with the decision of the Public Prosecutor's office, Ajit's father on 3 May 2023 filed a petition to the Attorney General's Office on the rights guaranteed under the Victim Protection Act, 2018. Not getting any response, Ajit's father has now moved the Supreme Court challenging the HCs verdict.
The deceased's family has alleged miscarriage of justice in criminal justice proceedings, which includes wilful negligence on the part of police investigation and prosecutorial evidence gathering and partial trial hearings. The legality of addressing caste-based violence in inter-caste relationships was overlooked in this case. Furthermore, undue delay has increased the complexity of Ajit's case.
The deceased's family continues to remain hopeful that justice will be served some day. In response to the review petition, the Supreme Court has ordered to reopen the case and carry out a time-bound, careful and thorough adjudication of evidence.
Amnesty International has noted that the authorities have failed to conduct thorough, impartial, fair and timely investigation into the death of Ajit Dhakal Mijar. The principle of equality and non-discrimination is a non-negotiable legal principle in any criminal justice system. The state of Nepal has committed to upholding this principle in accordance with international human rights laws and standards.
"Nepal's criminal justice system should uncover and thoroughly examine any discriminatory motive, including castebased violence, behind Ajit's death. Any such motive should be considered in the prosecution of suspects, which must be tried in proceedings that respect fair trial standards. This is crucial to ensure accountability and justice for caste-based violence in inter-caste relationships," said Amnesty International.
A version of this article appears in the print on July 11, 2023, of The Himalayan Times.
