KATHMANDU: The two High Court judges who acquitted Nepali Congress leader Mohammad Aftab Alam in a high-profile murder case have been transferred to the Supreme Court for investigation.
Justices Khusi Prasad Tharu and Arjun Maharjan of the Birgunj bench under the High Court Janakpur had overturned a previous life imprisonment verdict against Alam. Following public outrage and a formal complaint, the Judicial Council initiated action and reassigned both judges to the Supreme Court, barring them from handling any further cases during the investigation.
Their controversial ruling had reversed the decision of the Rautahat District Court, which had sentenced Alam to life imprisonment on Baisakh 13, 2081 BS. He was released from Nakkhu prison the same evening but reportedly suffered a severe stroke shortly afterward.
The incident triggered backlash, including a dramatic protest where activists from the Nepal Communist Party (Majority faction) smeared black soot on the judges’ faces inside the courtroom. Amid rising security concerns, the judiciary decided to recall the judges.
Formal complaint and demand for suspension
On Jestha 16, a complaint was lodged at the Judicial Council by advocate Yubaraj Paudel Safal, demanding immediate suspension of the judges and a judicial review of their decision. The complaint called for scrutiny of all previous rulings by both judges, arguing that their acquittal of Alam constituted a miscarriage of justice.
“These judges made a ruling that essentially denied justice to the victims. Their actions must be reviewed under the Judicial Council Secretariat Act,” the complaint stated.
The 2008 brick kiln murder case
Alam was accused of burning 23 individuals alive in a brick kiln during the run-up to the 2064 Constituent Assembly elections. The explosion occurred on Chaitra 27, 2064 BS, in Fardawa village of Rautahat district. Two people died at the scene, and over a dozen were severely injured. Several of the injured, both Nepali and Indian nationals, later went missing.
Family members of the missing filed reports, and after years of inaction, police eventually arrested Alam on Kartik 29, 2076 BS. He was charged with orchestrating the incident to manipulate the election by importing explosives and personnel from India.
Investigations revealed that a bomb being assembled accidentally exploded, killing two and injuring others. To cover up the incident, Alam allegedly ordered the injured to be burned alive in a brick kiln, according to testimonies collected by the police.
Despite the gravity of the case and a district court conviction, the High Court’s reversal ignited criticism of the judiciary’s independence and raised questions about political influence over the legal system.
The investigation into Justices Tharu and Maharjan is now underway, amid growing public and institutional pressure for accountability.
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