Nepal's apex court issues mandamus to investigate 2007 Gaur massacre

Kathmandu, August 19

A division bench of Justices Til Prasad Shrestha and Nityananda Pandey on Monday issued the mandamus directing that investigations into those named in the complaint related to the killings must proceed.

As per the court officials, Tribhuvan Sah and others had filed the writ petition naming the District Police Office, Rautahat and the District Government Attorney's Office, Rautahat as respondents. Sah had filed the petition on June 4, 2023, seeking a mandamus for an investigation into the massacre.

The March 21, 2007, political violence that flared with the clash between the then Madheshi Janadhikar Forum (MPRF) led by Upendra Yadav and the then CPN-Maoist at the Rice Mill ground in Gaur, Rautahat, left at least 27 dead.

As per the investigation reports by various human rights bodies, most of the dead were Maoist supporters. In addition to that, a hundred others were injured.

Following the latest order from the Supreme Court, the police are reopening the investigation into the case involving Upendra Yadav and 113 other accused individuals.

According to a report by the National Human Rights Commission (NHRC), the violence began after Forum supporters vandalised a stage set up by the Maoists. The situation escalated when gunfire was reported near the municipal office, leading to widespread panic, clashes, and brutal killings.

As per the report, "Many victims were captured, beaten, and executed" in what the NHRC described as "inhumane and cruel" acts. Some were attacked with blunt weapons, while others bore injuries to sensitive body parts. Several were even burned, and reports claimed bodies were paraded around a local temple before being left at the site.

The NHRC concluded the killings were premeditated and systematic, holding Forum cadres primarily responsible. It noted that the rights of those taken into custody were violated, stating: "The killing of persons under control or in captivity constitutes a crime under national and international law."

The on-site study of the National Human Rights Commission (NHRC) identified four causes of the incident. The vengeful behaviour between the then-Maoists and the MPRF, particularly stemming from an incident on January 31, 2007, in Gaur, where Maoists attacked and beat supporters and leaders of the MPRF, fostering a vengeful sentiment, has been labelled as one of the four causes for the violent clash.

"MPRF had been publicizing its event scheduled for March 21, 2007, at the Gaur rice mill for 10-12 days, the Madhesi Liberation Front, a sister organization of the then-CPN (Maoist), selected the same venue just two days before the event, creating a situation for confrontation," the report highlights the second cause.

The report also states that the local Chamber of Commerce had attempted to mediate by organising a meeting to avoid holding events at the same time and place, but the Maoists did not attend, and both sides ignored verbal requests from the local administration, as the third cause for the clash.

Lastly, the District Security Committee's decision on March 20, 2007, to request additional security personnel, the authorities concerned neglected to deploy them, has been labelled the fourth reason for the clash.

The event, which took place right after the former Guerilla group, the CPN-Maoist, joined politics, Chairperson Pushpa Kamal Dahal, "Prachanda" at that time, blamed royalist forces, Indian extremists, and foreign reactionary powers for orchestrating the massacre.

Dahal also accused state security forces of remaining passive as the violence unfolded for hours. Madhesi Forum leader Upendra Yadav, meanwhile, went underground shortly after the incident.

— ANI