Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that Mujahiddain Khan (alias Kahis Ansari), a 14 year old minor and resident of ward 6, Jaisapur Village Development Committee (VDC), Banke District, has been imprisoned unlawfully since 21 August 2014.The Police Sergeant for the Mid-Western Regional Police Office, Banke, Mr. Netra Bahadur Rana, has falsely accused the minor of crime and forced his imprisonment in District Jail Banke, District. Mr. Jiyahuddin Khan, father of Kahis, registered a Habeas Corpusin the Appellate Court, Banke, against the District Administration Office (DAO) Banke and the Banke District Prison 17 October 2014. But the Court dismissed the appeal. The Police have detained Kahis for more than one month without any cause. His family members are seeking justice from the State, but it has been neglecting their voice. The AHRC is worried about the increasing police torture and unlawful arrests in the Terai regions of Nepal.
CASE NARRATIVE:
Mujahiddain Khan (alias Kahis Ansari), a 14-year-old, resident of ward number 6, Jaisapur Village Development Committee (VDC), Banke District had gone to Rupaidiya (an Indian market near the Nepal border) to buy household articles on 21 August 2014. While Kahis was returning home from the market, Mr. Netra Bahadur Rana, Police Head Constable, and his team from the Mid-Western Regional Police Office, Banke, arrested Kahis from Tankapasari ward number 4, Piprahawa VDC and took him to the District Police Office (DPO), Banke, in a police vehicle. At the DPO, the police personnel beat and tortured Kahis for 10 minutes using a plastic pipe. However, the police claim that it was14-year-old Kahis who beat the police when he was stopped, which resulted in them arresting him and bringing him to the DPO.
The Police Head Constable Rana sent an investigation report to the District Police Headquarters requesting them to take action against a 21-year-old smuggler, as per Civil Offence Act 2027 on 6 September 2014. But, according to the Kahis’ birth certificate, he is only 14 years old at present (AHRC has a copy of the birth certificate).
According to the police, they were conducting a search operation in a civilian dress to control cross-border crime, smuggling, and other criminal offences at the Tankapasari ward number 4, Piprahawa VDC, Banke District, border area.Upon showing their identity cards, the police were checked belongings. But, according to the police, when it came to checking Kahis, the Police Head Constable Rana was attacked. Furthermore, Rana has claimed that he was wounded in the attack and that Kahis also took NPR 15,000 and a Samsung mobile worth NPR12,000 from him. Rana has made a “wound treatment receipt” from the hospital, paying NPR 210. The police officer now wants NPR 27,000 to be retrieved from Kahis. The officer has stated that Kahis was involved in smuggling goods.
AHRC has copy of the police report. It reflects an implausible scenario. For instance, how can a 14-year-old beat-up a well-trained police officer? Not just embellishing, the police appear to have fabricated this case. The AHRC has received information that the police have forced Kahis to accept the crime of beating-up the police officer and forcefully taking money, as per the police report prepared by Police Head Constable Rana.
Mr. Karna Bahadur Mahat, Office for the Banke Public Prosecutors has sent a request to the District Administration Office to register a case as per Civil Offence Act 2071, sub-head 2, (Ka, Kha, Ga and Sub-head 6 (1) on 29 September 2014. Kahis is in Banke District Prison now, an accused criminal without sufficient reason. Kahis’ father Jiyahuddin registered a Habeas Corpus at the Appellate Court Banke on 17 October 2014 requesting that his minor son be released as he had been imprisoned without having committed any crime. But, the court has dismissed the Habeas Corpus petition.
The AHRC urges the government of Nepal to immediately look into this case and facilitate the release of the minor. The police officers, particularly Police Head Constable Rana, should be investigated and temporarily suspended from his duties during the course of the investigation. If guilty found, the police officer should be punished accordingly. Furthermore, the AHRC urges that the government should provide compensation to the minor and his family for the damage done.
SUGGESTED ACTION:
Please send letters to the authorities listed below, expressing concern about this act of unlawful arrest and torture, and requesting immediate intervention.
The AHRC has written a separate letter to the Committee on the Rights of the Child calling for intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ……………….,
NEPAL: Immediately release the minor imprisoned unlawfully
Name of victims:
Mujahiddain Khan (alias Kahis Ansari), resident of Ward No. 6, Jaisapur VDC, Banke District.
Names of alleged perpetrators:
Mr. Netra Bahadur Rana, Police Head Constable for Mid-Western Regional Police Office, Banke, and his unidentified team members involved in this incident.
Date of incident: 21 August 2014 to present
Place of incident: Ward No. 4, Tankapasari Piprahawa VDC, Banke District, Nepal.
I am writing to express my deep concern as Mujahiddain Khan (alias Kahis Ansari), a 14-year-old, resident of ward number 6, Jaisapur Village Development Committee (VDC), Banke District had gone to Rupaidiya (an Indian market near the Nepal border) to buy household articles on 21 August 2014. While Kahis was returning home from the market, Mr. Netra Bahadur Rana, Police Head Constable, and his team from the Mid-Western Regional Police Office, Banke, arrested Kahis from Tankapasari ward number 4, Piprahawa VDC and took him to the District Police Office (DPO), Banke, in a police vehicle. At the DPO, the police personnel beat and tortured Kahis for 10 minutes using a plastic pipe. However, the police claim that it was 14-year-old Kahis who beat the police when he was stopped, which resulted in them arresting him and bringing him to the DPO.
The Police Head Constable Rana sent an investigation report to the District Police Headquarters requesting them to take action against a 21-year-old smuggler, as per Civil Offence Act 2027 on 6 September 2014. But, according to the Kahis’ birth certificate, he is only 14 years old at present (AHRC has a copy of the birth certificate).
According to the police, they were conducting a search operation in a civilian dress to control cross-border crime, smuggling, and other criminal offences at the Tankapasari ward number 4, Piprahawa VDC, Banke District, border area. Upon showing their identity cards, the police were checked belongings. But, according to the police, when it came to checking Kahis, the Police Head Constable Rana was attacked. Furthermore, Rana has claimed that he was wounded in the attack and that Kahis also took NPR 15,000 and a Samsung mobile worth NPR 12,000 from him. Rana has made a “wound treatment receipt” from the hospital, paying NPR 210. The police officer now wants NPR 27,000 to be retrieved from Kahis. The officer has stated that Kahis was involved in smuggling goods.
It reflects an implausible scenario. For instance, how can a 14-year-old beat-up a well-trained police officer? Not just embellishing, the police appear to have fabricated this case. I know that the police have forced Kahis to accept the crime of beating-up the police officer and forcefully taking money, as per the police report prepared by Police Head Constable Rana.
Mr. Karna Bahadur Mahat, Office for the Banke Public Prosecutors has sent a request to the District Administration Office to register a case as per Civil Offence Act 2071, sub-head 2, (Ka, Kha, Ga and Sub-head 6 (1) on 29 September 2014. Kahis is in Banke District Prison now, an accused criminal without sufficient reason. Kahis’ father Jiyahuddin registered a Habeas Corpusat the Appellate Court Banke on 17 October 2014 requesting that his minor son be released as he had been imprisoned without having committed any crime. But, the court has dismissed the Habeas Corpus petition.
I urge you to intervene and ensure that the government of Nepal immediately look into this case and facilitate the release of the minor. The police officers, particularly Police Head Constable Rana, should be investigated and temporarily suspended from his duties during the course of the investigation. If guilty found, the police officer should be punished accordingly. Furthermore, I urge that the government should provide compensation to the minor and his family for the damage done.
I look forward to your immediate attention in this matter.
Yours Sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Sushil Koirala
Prime Minister
Office of the Prime Minister and Council of Ministers of Nepal
Singh Darbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
+977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Mr. Bamdev Gautam
Home Minister of Nepal
Ministry of Home Affairs
Singh Darbar, Kathmandu
NEPAL
Fax: +977 1 421-1257, 421-1286
Email: gunaso@moha.gov.np
3. Mr. Anupraj Sharma
Chairperson
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015+977 1 5010015
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Mr. Baburam Kunwar
Office of Attorney General
Ramshah Path, Kathmandu
NEPAL
Tel: +977 1 4240210+977 1 4240210, +977 1 4262548+977 1 4262548, +977 1 4262394+977 1 4262394
Fax: +977 1 4262582 / 4218051
Email: info@attorneygeneral.gov.np
5. Mr. Upendra Kant Aryal
Inspector General of Police
Police Head Quarters
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432+977 1 4412432
Email: phqigs@nepalpolice.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
