Kathmandu, October 26

Social activists and politicians have expressed anger at the ‘light sentence’ given to SP Dilliraj Bista and Inspector Jagdish Bhatta yesterday.

The home ministry sacked the duo for negligence while investigating the rape and murder of 13-year-old Nirmala Panta of Bhimdutta Municipality, Kanchanpur district. Nirmala’s body was found on July 26 in a sugarcane field.

Naya Shakti Nepal Party Convener Baburam Bhattarai wrote on his twitter post that the state’s duty should not end by sacking a few police officers after three months in a ritualistic manner. He further tweeted: “Isn’t it a crime to deliberately destroy evidence? Should a case not be filed for the same and punishment awarded? Why culprit(s) are not found through the police officers and Bam sisters, who destroyed evidence? Let’s keep mounting pressure.

Social activist Lhamo Y Sherpa said the home ministry’s decision to not render the duo ineligible for government jobs in future was against the government’s proposed integrity policy. “How can a person who lacks integrity be eligible for jobs in future? The government needs to do enough to arrest the culprit(s),” she added.

Social activist Hima Bista said not rendering Bista and Bhatta, accused of destroying evidence, ineligible for government service was objectionable. “This means they can join government service after two years. This is like sending them on leave for two years,” she added.

Bista said the Hari Prasad Mainali-led probe committee had asked simplistic questions to the Bam sisters who were the last persons to see Nirmala Panta. “The government has yet to quiz them sufficiently,” she added. She said a VVIP had visited the local Opera Hotel the day Nirmala went missing, but the probe committee had not investigated this.

The home ministry charged Bista and Bhatta of negligence under Rule 113 (1a) of Police Regulations and invoked Rule 109 (b1) to sack them without rendering them ineligible for government jobs.

When asked why Bista and Bhatta were not rendered ineligible for government service, Home Secretary Prem Kumar Rai, who took the decision to sack them yesterday said, “They were found guilty of negligence for which they were sacked, but negligence is not enough to render a police officer ineligible for government service in future,” he said, adding that investigation into whether they deliberately destroyed evidence was under way. If they are found guilty, they may face criminal charges. He said investigators would quiz Bista and Bhatta about their role in the probe and seek to know if others were also involved in wrongdoing or cover-up.

Nepal Police Spokesperson Uttam Raj Subedi said departmental action against Bista and Bhatta did not mean they would not be prosecuted if found guilty of destroying evidence, aiding culprit(s) and engaging in cover-ups. He also said Nepal Police would decide on the six other suspended cops after AIG Dhiru Basnet-led probe panel submitted its report.

Senior Advocate Lav Kumar Mainali said as per Section 25 of the General Code’s Homicide Chapter — the law that applied on the day of the incident — if Bista and Bhatta were found guilty of concealing facts and causing  perpetrators to flee, they would  face jail sentence of two years. “In such a case a charge sheet will be filed against them and others involved under the homicide chapter of the General Code,” he added.