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VOL. 03, NO. 09, Sept. 25 2009 (Ashwin 09 2066) |
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CRIME
AND
NO PUNISHMENT?
With no strong central government in place and no local government for years, the metropolitan Kathmandu has become increasingly vulnerable to deadly crimes. Despite the claims of the authority to the contrary, the culprits largely go unpunished
By BHAGIRATH YOGI with SAROJ DAHAL
Nabin Dhungana, a resident of Balkot, Bhaktapur, teaches computing at a school at Baneswore in Kathmandu. His daily routine included leaving home for school early in the morning, spend the whole day with students and computers and return home late in the evening. But for the last 15 days, his routine has changed. Instead of going to school, he is busy visiting different police stations, making frantic calls to his relatives and scanning newspapers. Reason: his brother Pradip Dhungana, has gone missing.
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| Police Patrolling: Always alert |
As always, 26-year-old Pradip, a student, left for his college on the morning of July 1st on his motorbike. But he hasn’t returned since and hasn’t left any message. Nobody picks up his mobile phone, thereby giving room for suspicion. “Though he was three year younger than me, I treated him as a friend. He would never spend night outside without telling me,” said Nabin adding, “I have filed petitions at five different police stations requesting them to help locate my brother, but I am increasingly frustrated and becoming angry looking at the behaviour of policemen.”
When Pradip filed a written petition at the Kathmandu Metropolitan Office, he was told that Bhaktapur police hadn’t informed them about the missing person. “I can’t believe that we reside in the capital valley when police in Kathmandu don’t know what is happening in Bhaktapur. How can I knock doors of all 75 district police offices in the country looking for my brother?” he asked.
Ngamindra Dahal, who rents out a flat at New Baneswore, also has similar story to tell. When he visited New Baneswore police post to report about the incident of burglary in his flat, he was asked to report to the Crime branch of Nepal Police at Hanumandhoka, Kathmandu. But the policemen at Hanumandhoka tried to send him back to New Baneswore police. A frustrated Dahal then told them that the owner of the house he was renting was a member of the Constituent Assembly. Police then registered his complaint and visited the site of the incident twice but so far nobody has been arrested. Burglars took away cash and jewellery worth Rs 400,000 by cutting padlock in the main gate at around mid-day. Dahal quoted a police officer as saying that he should have been more careful since the area itself was more prone to burglary.
These two incidences are but example of growing lawlessness and the attitude of police in the Nepali capital. Providing sense of security is the basic duty of the state but incidences of lynching are on the rise in the terai districts as well as in the capital valley itself showing that people are losing faith on the law enforcement agencies.
Spokesman of Nepal Police, DIG Binod Singh, doesn’t agree. “People want instant justice and sometimes even take law unto their own hands. But we have to deal with crime in accordance with law,” said Singh. He, however, agreed that people’s trust on police seemed declining.
Incidences of Crime in the Capital
Burglary tops among the incidences of crime in the capital. Police say they receive complaints about burglary almost every day. According to the data compiled by Police Headquarters, 227 incidences of burglary had been registered in the capital in the last fiscal year while the number had reached 174 in the first nine months of this fiscal year. Police, however, say incidences of armed robbery have declined significantly this year. Last year, 50 such incidences were recorded while this year only around 20 incidences of armed robbery have been registered, according to the police.
Kathmandu residents complain that police is not paying due attention to incidences of burglary. Said Dahal, “Police tend to pay attention only if the crime involves murder or abduction. They seem to undermine incidences of burglary.”
Spokesperson of Nepal Police, Singh, however, claims that rise in incidences of burglary should not be linked directly with the overall situation of law and order. “It is up to households themselves to take good care of their house and property. How can police totally stop burglary?”
Criminologist Madhav Acharya doesn’t agree with DIG Singh. “It is the duty of the police to provide security to ordinary people. If they say they can’t control burglary, then what is the use of the department of police,” said Acharya adding,” Police can demand more manpower or resources for effective policing, but they must ensure that people feel safe.”
Police, on their part, classify crime in 17 different categories. It includes public crime, murder, armed robbery, burglary, suicide, hit and run, fraud, abduction and extortion, drug peddling and dealing as well as use of illegal arms. They say incidences of public crime top the list of crime in the valley.
(WHAT IS PUBLIC CRIME???)
The Terror of Abduction
The abduction of Khyati Shrestha, a 19-year-old student who was studying at a college in Kathmandu on 5th of June and her subsequent murder has sent tremor waves among the valley residents. Police say the incidences of abduction have gone up at once over the last few months. There used to be incidences of abduction of people due to various motives in the terai districts bordering India. But police say sudden rise of abduction for the purpose of extortion in the capital valley of late looks ‘unnatural.’
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| Crime Division: How Vigilant |
Police spokesman Singh insists that police have been able to rescue people successfully in most of the abduction cases. But there are concerns regarding the identification of people involved in abduction and legal action against them. There is the growing tendency among people to lynch people on suspicion of being involved in abduction rather than handing them over to people. Not only could innocent people fall victim of such a tendency, it could also unravel the very social fabric that makes the Nepali society.
Police say main motivation behind abduction remains extortion. People with criminal minds see abduction the easiest way to make quick money without major risk. DIG Singh, however, is worried to see that ‘organised criminal gangs’—that have links or even operate from outside the country—are found involved in many cases of abduction and extortion. They usually target leading businessmen and collect the extortion money through ‘hundi.’ Police say disputes related to foreign employment and transaction of money at individual level have also resulted into abduction.
Parents and guardians are more worried after incidences of child abduction have gone up. Now, many schools have advised parents to drop or escort their child up to the school and collect their children themselves.
According to police, just two incidences of abduction (with the motive of extortion) were registered with them in 2064 BS. A child, Rohit Gupta, was later murdered by his abductors while Mahesh Murarka, a leading businessman, was freed after a week. In 2065 BS, police have registered eight incidences of abduction in the Kathmandu valley in which two children were murdered and other six people were freed after paying ransom. But over the last three months of 2066 BS alone, there have been five incidences of abduction in which Khyati Shrestha, a student, was murdered.
According to data compiled by the Police Headquarters, 99 incidences of abduction were reported in the year 2064/65 BS while a total of 129 incidences of abduction have been reported by mid-June this year. DIG Singh admits that the actual incidences of abduction could be even higher since many people don’t report about such incidences owing the threat to life of the victim and their family members.
Criminologist Acharya believes that dwindling confidence of people upon police is one of the reasons leading to increase in the incidences of crime. “Politicisation of the police organisation is rampant which had led into decline in faith of general public towards police. They usually refrain from reporting to police, which in turn encourages criminals,” he added.
In recent weeks, residents of Chapagaon, Gongabu and Thimi within the Kathmandu valley have either lynched or tried to lynch people on suspicion that they were trying to abduct children. Three persons have been killed while eight others have been injured seriously. Across the country, at least 16 people have been lynched on suspicion of being abductors. Such incidences show that people seem to be accepting violence as a legitimate means of expressing their grievance. Criminologist Acharya says if such a tendency is not discouraged or stopped, it will push our society towards further criminalisation and anarchy.
When contacted, spokesman at the Home Ministry, Nabin Ghimire, said the government was committed to control such activities. “We are strengthening the organisation of police and will take strong action against any unlawful activities,” he added.
The Capability of Police
Chief of the Police Circle (??) at Baneswore, DSP Biswo Raj Pokhrel, claims that there has been significant improvement in the performance of police compared to the past. He also dismisses allegations that criminal activities have gone up in the capital valley. In fact, five people who were detained pending further investigation, had escaped a few days back right under his nose. Pokhrel, however, refers to the incident as a ‘technical error.’ He said the strength of 150 personnel under him was inadequate for effective policing.
Chief of Police Circle at Kalimati, DSP Sushil Singh Rathour, however, said he was satisfied with the manpower and resources under his command. “We can now reach the site of incident within 7 to 10 minutes. It is a great success,” said Rathour adding, “Number of criminal activities has almost declined by half after we have intensified patrolling.” He was quick to add that police force must be committed and honest.
Criminologist Acharya, however, says police have lost their effectiveness to a great extent mainly due to politicisation of their organisation. “Unless political parties make a joint commitment saying that they will no more intervene in the functioning of police and assist them whole-heartedly to control crime, incidences of crime will not decline,” he added.
Spokesman of Nepal Police, DIG Binod Singh, claims that Nepal Police is as competent as any other police organisation in the world. “We have nabbed criminals who had fled to Mumbai and resolved most of the abduction and murder cases,” he added. He, however, admitted that there have been some ‘rotten eggs’ within the police department. “We should take care not the blame the entire police department due to activities of few individual officers. Action has been taken against those found abusing their authority,” said Singh.
Policing a society that has just emerged from a decade-old armed conflict was never going to be easy. Police officials say they are now launching a new approach of ‘Police-People Collaboration’ to fight with crime. A Metropolitan Police office has already been set up to maintain law and order and fight crime within the capital. There are three Police PARISAR (???) in three districts and six Police Circles under the command of a Police Commissioner. The ratio of public to police in the capital is 600:1.
It is but obvious that there is acute lack of manpower and resources within the police department. But corruption and lack of rapport with general public are equally to blame. The involvement of some cadres of certain political parties in some of the incidences of crime point towards the complex situation.
But experts say the main challenge is to restore confidence of people upon the institution of police. Unless that can be done, police won’t get information and cooperation from members of the public. It could also undermine the very credibility of the state thereby engendering systemic crisis. Time is running out but a fragile coalition government at the centre is least likely to help the matter.
Security Program Is Yielding Results: Rawal
After taking the Home Ministry portfolio, Minister BHIM RAWAL has been making desperate efforts to maintain a normal law and order situation in the country. In three months, Minister Rawal travelled extensively across Nepal attending meetings of Chief District Officers and Police officers to implement a new security program. In this context, Minister Rawal spoke to KESHAB POUDEL and SAROJ DAHAL on various issues related to Nepal’s law and order. Excerpts:
Three months have already elapsed since your appointment as the Home Minister, how do assess the present law and orders situation?
In the last three months, I have made efforts to make the law and order situation better, improve human rights conditions and end impunity by implementing special security program-2009. Under this program, security and administration personnel are moving ahead firmly. We have already arrested some criminals involved in terrorizing people and we have already made some gains in preventing road blockades.
It is the people, like you, who should say whether there are certain improvements or not. So far as my observation is concerned, I have been doing my level best to maintain the law and order situation in the country. In the last few months, police have started to act. They have recently interrupted more than 40 incidents in which some miscreants were trying to block the road. Police have been responding very positively. This is a good beginning.
How about the situation in Terai?
The situation in Terai is returning to normalcy too. We need to separate criminal elements from political elements. If we isolate the criminal elements from the rest of the political forces, the law and order issue will be automatically settled. I have already enforced a special security work plan for Kathmandu and special work plan to control serious crimes. We have implemented work plans to control road blockades. We have also made programs to contain armed groups in eastern Nepal, central Nepal and far western regions. We have been making efforts to control criminal acts. All the programs are now being implemented. In the last few months, police have immediately acted against those who tried to block the road. We have also arrested a number of criminals, and seized arms and ammunitions. We have already arrested the person involved in Ranbir Sena and Nepal Defense Army. These are some results. We have already recovered huge amounts of ammunitions.
After implementation of these programs, people will feel safe and the security environment will change. We have already organized six seminars in six different parts of the region where we intensively discussed the security related issues. We have already collected suggestions and we are analyzing them now.
We have full backing of all parties. We have already discussed our plans with the political parties represented in the Constituent Assembly, human rights groups and journalists and all of them have backed us. We even discussed it with foreign envoys based in Nepal. The legislature parliament also backed us. When I met the leaders, they supported me. This proposal was passed by the cabinet. Some parties are raising suspicions but nobody has told us that we should not control crime. Our security is not directed to any political parties, regional or ethnic groups but this program is there to protect the rule of law by discouraging criminal activities. There is no place for criminals. We will not tolerate any efforts to weaken Nepal’s sovereignty, integrity and communal harmony. We will bring criminals before justice.
But it is reported that political parties are putting pressure on you not to execute the special security plan?
It is not true. No political party or leader has said that they support criminals. All the leaders have been stressing maintenance of law and order. There is consensus among all of us that peace is needed in the society. Nobody wants to see criminals walking scotfree.
Many criminals, affiliated with political parties, are also in prison. Police administration is now working impartially in maintaining law and order and rule of law. Police are now very much active and encouraged. Our security program is yielding results.
There are also reports that police are violating human rights. What do you say on this?
Police are violating human rights and rule of law. I am very much concerned about violation of human rights. If anything goes wrong, we will not tolerate it. We will not tolerate any cases of human rights violation. We will take immediate actions against those who commit such acts.
In her recent visit, Indian foreign secretary also mentioned about the worsening law and order situation. How was her response about the growing violence in Terai?
I met the Indian home minister and Indian foreign secretary recently and we held discussions about the criminal activities in Terai. We have made it clear that Nepal will not allow its soil to be used against any country and Nepal too wants support and cooperation from neighbors to control criminal activities. Indian foreign secretary clearly said that India will support Nepal to contain criminal activities inside Nepal. These kinds of understanding between two countries will help to prevent human trafficking, armed smuggling and criminal activities.
Recently, your police team also visited Lhasa and Chinese security officials reportedly expressed their concern over deteriorating law and order situation. How do you look at this?
Like in our southern border, we also want peace in our northern border. We have a clear cut policy that Nepal is ready to work with northern neighbor China to control criminal activity, if there is any. Our security officials discussed security issues with Chinese counterparts. We are very much concerned not to allow anti-Chinese activities in Nepalese soil. We are ready to provide necessary support.
What is the overall security scenario?
There are 109 armed groups throughout the country. We are now analyzing the modus operandi of such groups. We will not allow any group to violate the constitution and the rule of law. The government will respect human rights and rule of law. We will not tolerate any party which is involved in extortion and kidnapping.
How do you distinguish between criminal and political activities?
Under our special security program, we have a clear vision about what constitute criminal activities and what are political activities. Our program is not directed to peaceful political activities and this is directed to criminal activities. Nepalese people want to end impunity. No political party has ever asked me not to punish the criminals. I cannot allow killing, extortion and kidnapping in the name of political parties.
How do you assess the efficiency of the police administration?
The morale of police administration needs boosting. I have already directed police officials to work for the protection of the rule of law. We need to give leadership to police and administration. We have already started to encourage them. Police are performing their role quite well.
Do you believe that the law and order situation will improve?
If political parties support me like now, we can make our situation much better. Since law and order is everybody’s agenda, all of them will back me to maintain it.
