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Anatomy of ‘police encounter’: robbers to ‘dons’

4 die in 11 incidents in 2 years

Gajendra Basnet

January 17, 2020

8 MIN READ

Anatomy of ‘police encounter’: robbers to ‘dons’

KATHMANDU: Exciting scenes in the films, the incidents of death or injury in police encounter in real life raises concerns of many.

Many people have lost life or have got severely injured in the ‘encounter’ executed by Nepal police. Most of the targets in the encounter are the people involved in coercion, robbery, and vandalism whereas some few are the absconders involved in various criminal activities.

On Sunday evening only, there was an encounter between the police and the long-sought criminal Bishnu Tamang.

According to Ramesh Bahadur Singh, a DSP in Metropolitan Police Circle Bouddha when the police smelt his hiding and were tracking him he opened the fire in which he got wounded when the police fired back to him.

“When the police tried to capture the alleged charged at them compelling them to go for a counter-attack.” DSP Singh said.

However, the family sources deny the police allegations and say the police arrested him from home and deliberately took towards Jambudanda and fired at him. Tamang is undergoing treatment in Bir Hospital.

Tamang is indicted in the incidence of physical assault on medical college students in August 2018. Similarly, he is alleged in the killing of a 17-month-old child being carried by a woman when he had the row with the woman.

This is the latest example of police encounter getting common these days. Prior to this, many felons challenging the law and order situation of the country became the police target. The data of the Police Head Quarter shows that in the last two years there have been incidents of 11 encounters in which 4 kicked the bucket whereas 8 more got badly injured.

The series of the police encounter

  • Jan 12, 2020, Bouddha, Kathmandu. Bishnu Tamang – injured and arrested
  • 9, 2019, Bijeswori, Kathmandu. Milan Lama, a robber – injured and arrested
  • May 20, 2019, Tokha, Kathmandu. Bishnu Tamang, a dacoit,- injured and arrested
  • Jan 23, 2019, Saptari. Dipendra Jaiswal, most wanted, shot to death,
  • Jan 22, 2019, New Bus Park, Kathmandu. Abilash Tamang – injured
  • Jan 18, 2019, Siraha. Pramod Yadav, most wanted, injured and arrested
  • Jan 14, 2019, Rupandehi, Kedar Sahani, criminal- shot dead
  • 25, 2018, Ratopul, Kathmandu. Rajan Limbu, most wanted robber, injured and arrested
  • 6, 2018, Ghyampedanda, Bhaktapur, Gopal Tamang, and Ajaya Tamang, ‘kidnappers’- shot dead
  • 21, 2018, Mulpani, Kathmandu. Notorious robber, Amar Bahadur Tamang alias ‘Khunde’- injured and arrested
  • 11, 2018, Shankhamul, Kathmandu. Ashok Lama, Gangster, -injured

DIG Bishwo Raj Pokharel, Chief of Metropolitan Police Circle, Kathmandu says that only the people involved in inducing terror by executing the activities like kidnapping, robbing, looting, blackmailing, etc. have been the target.

“Our record shows that generally, the robbers, ‘dons’, kidnappers, and criminals inducing terror in the society have been the target,” says DIG Pokharel.

“Though most of such criminals have covertly tried to safeguard themselves with the political association, the politics so far has not been their shield.” DIG Pokharel added.

Whilst the ‘criminal activities’ were still getting political protection, the death of Dinesh Adhikari alias Chari with a close connection to Nepal Communist Party(UML) and Kumar Ghante close to the Nepali Congress made such criminals feel unsafe.

According to the police, the list of notorious gangsters is getting shorter these days. However, crimes are far from decreasing. Most of the gangsters are operating their crimes in a different guise. They are involved in influencing tenders, crusher-industry and getting commissions from the unfair execution of the work.

History of police encounter

Though the history of encounter is not easy to trace, the facts show that Nepal Police took it as an effective way of curbing the robber and dacoits in the 1970s.

In the 70s there used to be the terror rule of the dacoits in terai. The people used to be so frightened with such incidents that the inhabitants of Marchawar, Rupandehi used to hide their jewelries and valuables under the straw-pile or in underground burrows and collect them back early in the morning.

When Achyut Krishna Kharel went to Rupandehi taking the command of the district, it is said that he had released the dacoits only under the condition that they would not loot from Nepal. Then, the police initiated ‘encounter’ to discourage the dacoits.

The campaign took the lives of 11 goons ensuring the sense of security to the public of that area. When the gangsters from the next end of border-side started troubling, the locals of Parsa requested the police for the encounter of such dacoits.

“ When the criminals take to physical assaults on police or stake police’s life then, firing them back to ensure law and order in the society is part of police duty,” says former Jaya Bahadur Chand former AIG, “however, the encounters should not be the lame excuse for killing the opponents or rivals in any form.”

Ramesh Phuyal who was the head of Parsa Police at that time executed the encounter of 2 such criminals. Jaya Bahadur Chand, Phuyal’s successor in Parsa arranged for the encounter of 5 of them. Chand’s successor also arranged for 6 more encounters which successfully ensured law and order situation from such gangsters, though to erupt into political hidings later.

The police data show that 281 persons have lost their lives in ‘encounters’ arranged to curb the activities of armed groups in Terai.  It is said that ‘mafia-style’ came into the criminal world after the restoration of multiparty democracy in 1990.

After the 90s the criminals executed their illegal activities in political protection. They enjoyed such protection till the encounter of ‘Chari’ hailed close to Nepal Communist Party, UML and Kumar Ghaite close to Nepali Congress. Since then, the organized terror rule of the gangsters is paralyzed compelling them to adopt some profession for their guise.

Experts’ take

Former AIG Jaya Bahadur Chand says that encounter is not scheduled. “Whenever the police tracking the criminals are attacked by the criminals, they have to fire back which may turn fatal to the culprits.” Former AIG Chand says.

“However,” adds Chand, “precautions should be taken to take the criminals into control by firing them below the knee or causing them the least injury.”

“Provided the criminals threaten the life of the security personnel, firing them back is very common which may result in the death of the criminals.” He further defends the police encounter. “However, one should abstain making encounters the means of taking revenge.” He thinks the police officials should be very cautious of such possibilities as well.

Former DIG Hemanta Malla confesses that there have been some weaknesses on the part of security officials as well. “The act of arrest and kill activities executed under ‘encounter’ can hardly be justified.” “Illegal killing or murder of the people should always be booked under law,” Malla adds.

“Provided the armed person or group assaults the police on duty, the counter-attack becomes unavoidable.” Malla says concludes, “even in such cases, the police in charge of the operation and the leadership should be cautious to cause the minimal harms or damage and prove themselves more responsible and accountable.

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