NEPAL: Police illegally arrest Indian citizen residing and working in Nepal

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-003-2017
ISSUES: Administration of justice, Arbitrary arrest & detention, Torture,

Dear Friends,

The Asian Human Rights Commission has received information that 24-year-old Arbind Kewat (Sahani), residing in Jhumka village of Rupandehi District, and working as a motorcycle mechanic at Amawa Chowk of Amawa Village Development Committee (VDC) has been illegally arrested by the police while he was eating a snack with two of his friends. Arbind is an Indian citizen, but residing and working in Nepal for the past 15 years. 

CASE DETAILS: 

The Asian Human Rights Commission has received information that the police have illegally arrested Arbind Kewat (24) while he was eating a snack with two of his friends at a local snack shop in Dhakdhai.

Arbind works as a motorcycle mechanic in a shop located in Amawa VDC in Rupandehi District. He went home on 14 January 2017 to celebrate Maghe Sakranti (festival). Dablu Sahani, his friend from the neighboring Laxmipur VDC, runs a shop selling mobile phones. On January 15, Dablu asked Arbind to visit his mobile phone shop located at Dhakdhai Chowk of Rupandehi District.

At around 1 pm, they went to pick up Mira Sahani, 30, from her residence located at Bhumai; however, they met her instead at Parasi Bazaar and took her on the motorcycle to drop her at her workplace located at Mangalpur of Rupandehi. They stopped for snack at Dhakdhai Chowk at 3 pm, near Dablu’s mobile phone shop.

While they were eating snacks at the snack shop, a group of police officers in uniform and other officers in plainclothes stormed the eatery, and started hitting Arbind Sahani. Arbind was punched, kicked, beaten with bamboo sticks, and arrested illegally in abduction-like style. The police even pointed guns at Arbind. The police team was led by Assistant Police Inspector Jagat Bahadur Shahi, assisted by two officers in uniform and four others in plainclothes from the Area Police Office (APO) Dhakdhai, as well as a team led by Jaya Prakash Yadav attached with Dhakdhai Community Police. 

Within five minutes of the arrest, 50 police officers arrived in three police vans attached with the Area Police Office Belhiya, Area Police Office Dhakdhai, and District Police Office (DPO) Rupandehi, and took Arbind to DPO Rupandehi. The incident has been filmed on a mobile phone, and the AHRC has secured a copy of the video. Watch HERE.

When local human rights defenders and journalists went to DPO Rupandehi to seek information on the arrest, Superintendent of Police Rabindra Dhanuk and Deputy Superintendent of Police Bel Bahadur Panday denied having arrested Arbind. It is still not clear where the police have kept him. But, when a team of journalists and human rights defenders went to the District Administration Office, they found that Arbind has been charged under a Public Offence crime. The record of custody extension dated 16 January 2017 for 6 days has been noted in the extension diary under the number 375.

Not only this, Mira Sahani was arrested from Dhakdhai Chowk one hour later, and was also taken to the DPO Rupandehi. She was kept into custody for around 24 hours, and released the next day. Mira was asked about her relation with Arbind, and an unknown police officer scolded her for maintaining a relationship with Arbind before releasing her.

Arbind’s family members have filed an application before the Regional Office of the National Human Rights Commission, and Terai Human Rights Defenders’ Alliance (THRDA) are seeking information about the whereabouts of Arbind, to protect his life. It has been a week already, and the family is worried that the police might kill him in a fake encounter.

SUGGESTED ACTION: 

Please write letters to the following authorities calling on them to take necessary action against the police officers involved in this case. Senior police authorities must immediately intervene and explain the whereabouts of Arbind Sahani. The family must be informed about reasons behind his illegal arrest and detention.

The AHRC is writing a separate letter to the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, for intervention into this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

 

Dear __________,

NEPAL: Police illegally arrest Indian citizen residing and working in Nepal

Name of victims: Arbind Kewat (Sahani) 
Alleged Perpetrators: Assistant Police Inspector Jagat Bahadur Shahi from the Area Police Office Dhakdhai; Superintendent of Police Rabindra Dhanuk, and Deputy Superintendent of Police Bel Bahadur Panday from the District Police Office Rupandehi; and other unidentified police officers from APO Rupandehi and DPO Rupandehi 
Date of incident: 14 January 2017 to present
Place of incident: Dhakdhai VDC, Rupandehi District

I am writing to voice my deep concern as police illegally arrested 24-year-old Arbind Kewat (Sahani), residing in Jhumka village of Rupandehi District, and working as a motorcycle mechanic at Amawa Chowk of Amawa Village Development Committee (VDC) while he was eating a snack with two of his friends.

Arbind works as a motorcycle mechanic in a shop located in Amawa VDC in Rupandehi District. He went home on 14 January 2017 to celebrate Maghe Sakranti (festival). Dablu Sahani, his friend from the neighboring Laxmipur VDC, runs a shop selling mobile phones. On January 15, Dablu asked Arbind to visit his mobile phone shop located at Dhakdhai Chowk of Rupandehi District.

At around 1 pm, they went to pick up Mira Sahani, 30, from her residence located at Bhumai; however, they met her instead at Parasi Bazaar and took her on the motorcycle to drop her at her workplace located at Mangalpur of Rupandehi. They stopped for snack at Dhakdhai Chowk at 3 pm, near Dablu’s mobile phone shop.

While they were eating snacks at the snack shop, a group of police officers in uniform and other officers in plainclothes stormed the eatery, and started hitting Arbind Sahani. Arbind was punched, kicked, beaten with bamboo sticks, and arrested illegally in abduction-like style. The police even pointed guns at Arbind. The police team was led by Assistant Police Inspector Jagat Bahadur Shahi, assisted by two officers in uniform and four others in plainclothes from the Area Police Office (APO) Dhakdhai, as well as a team led by Jaya Prakash Yadav attached with Dhakdhai Community Police. 

Within five minutes of the arrest, 50 police officers arrived in three police vans attached with the Area Police Office Belhiya, Area Police Office Dhakdhai, and District Police Office (DPO) Rupandehi, and took Arbind to DPO Rupandehi. The incident has been filmed on a mobile phone.

When local human rights defenders and journalists went to DPO Rupandehi to seek information on the arrest, Superintendent of Police Rabindra Dhanuk and Deputy Superintendent of Police Bel Bahadur Panday denied having arrested Arbind. It is still not clear where the police have kept him. But, when a team of journalists and human rights defenders went to the District Administration Office, they found that Arbind has been charged under a Public Offence crime. The record of custody extension dated 16 January 2017 for 6 days has been noted in the extension diary under the number 375.

Not only this, Mira Sahani was arrested from Dhakdhai Chowk one hour later, and was also taken to the DPO Rupandehi. She was kept into custody for around 24 hours, and released the next day. Mira was asked about her relation with Arbind, and an unknown police officer scolded her for maintaining a relationship with Arbind before releasing her.

Arbind’s family members have filed an application before the Regional Office of the National Human Rights Commission, and Terai Human Rights Defenders’ Alliance (THRDA) are seeking information about the whereabouts of Arbind, to protect his life. It has been a week already, and the family is worried that the police might kill him in a fake encounter.

I look forward to your prompt action in this matter.

Yours Sincerely,

—————————— 
PLEASE SEND YOUR LETTERS TO:

1. Mr. Pushpa Kamal Dahal ‘ Prachanda’ 
Prime Minister
Office of the Prime Minister and Council of Ministers of Nepal
Singh Durbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np

2. Mr. Bimalendra Nidhi 
Home Minister of Nepal
Ministry of Home Affairs
Singh Durbar, 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
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org

4. Mr. Raman Kumar Shrestha 
Attorney General
Office of Attorney General 
Ramshah Path, Kathmandu
NEPAL 
Tel: +977 1 4240210, +977 1 4262548, +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
Email: phqigs@nepalpolice.gov.np

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-003-2017
Countries : Nepal,
Issues : Administration of justice, Arbitrary arrest & detention, Torture,