Nepal: NHRC recommends probe against 17 lawmakers from Balen's party, ex-PM Oli over Gen-Z protest violence

Kathmandu [Nepal], May 27 (ANI): National Human Rights Commission (NHRC) has recommended that the government investigate 17 sitting lawmakers from Prime Minister Balendra Shah's party over violence during the Gen-Z movement.
The NHRC, in its report made public on Wednesday, named Rabi Lamichhane, Sudhan Gurung, Ganesh Karki, Sulabh Kharel, Hari Dhakal, Bablu Gupta, Toshima Karki, Rajiv Khatri, KP Khanal, Deepak Bohara, Manish Jha, Jwala Sangroula, Purushottam Yadav, Ashika Tamang, Shiva Yadav and Amit Khanal as people to be investigated for violence during the September uprising.

Lamichhane is the President of Balen's Rastriya Swatantra Party (RSP), which gained a super-majority in the election held six months after the Gen-Z movement of September last year.
The human rights body states there are grounds for a "micro-level investigation" into their roles before, during and after the protests, based on their public statements, social media activity, media reports and information collected by the National Investigation Department.
According to the report, the investigation should determine whether their statements or actions contributed to public anger or agitation, affected public peace and order, or constituted any form of incitement.
The commission has also instructed that any investigation must ensure the right to a fair hearing and that legal action should only follow if individuals are found guilty under the law.
Lamichhane, a former TV anchor turned politician, was in Nakkhu Jail on charges of cooperative embezzlement and money laundering. Lawmakers from the RSP had reached the prison and led the protestors to storm the custody, which started a wave of jail breaks across the nation.
Apart from the lawmakers from the now-ruling party, the human rights body has also recommended action against then Prime Minister KP Sharma Oli, then Home Minister Ramesh Lekhak and then Communications Minister Prithivi Subba Gurung for alleged human rights violations during the Gen-Z movement on September 8 and 9, 2025.
The report has also recommended the formation of laws to punish the three leaders, as existing laws in force do not provide a mechanism for penal action in cases of human rights violations of this nature.
The report references a precedent established by the Supreme Court in the case of Advocate Madhav Basnet vs Government of Nepal, stating that, in light of this judicial principle, action can only be taken after the enactment of a new law.
Based on this interpretation, the commission has suggested that the government should introduce new legislation and proceed with legal action against all three individuals under that framework.
The new law, the commission recommended, should provide for up to six months' imprisonment or an NRs 300,000 fine, or both; trial in a special court; a five-year ban on standing for election or appointment to public office; a three-year bar on administrative responsibilities; and a three-year travel ban.
Pending enactment of the law, the commission directed that all named individuals currently holding any public position be suspended for at least six months. The commission recommended that the government provide free lifetime medical treatment to all injured persons who remain under treatment; ensure employment or self-employment for at least one family member of each deceased person; provide disability support for life to those left permanently disabled; and provide compensation to the families of the 21 killed in arson on September 9, including the 12 still unidentified.
According to the report, the protests that began peacefully at Maitighar Mandala on September 8 escalated into widespread violence the next day, resulting in at least 76 deaths involving protesters, civilians, police personnel and detainees across multiple incidents.
The commission found that 42 protesters and civilians were killed on September 8 near the parliament after security forces opened fire, with forensic evidence indicating the use of live 5.5 mm and 7.7 mm bullets. A further 23 people died during hospital treatment, while three police personnel were beaten to death on September 9 and 21 others were killed in arson incidents nationwide.
Ten detainees were also killed on September 10 during alleged escape attempts from correction centres and prisons. The NHRC termed the social media restriction imposed under a 2023 directive unconstitutional and recommended action against former communications minister Prithvi Subba Gurung for implementing the measure.
The commission, however, said the demonstration was later infiltrated by organised groups that incited violence and directed protesters towards restricted government areas. It also cited evidence of social media mobilisation, including calls to bring Molotov cocktails and the circulation of AI-generated images depicting attacks on state institutions before the violence erupted.
The NHRC also questioned the delayed deployment of the Nepal Army, noting that soldiers were mobilised only late on September 9 after major government buildings, including parliament and the Supreme Court, had already been attacked and set on fire.
The commission found the Army's explanation, that no order had been received from the Council of Ministers, inconsistent with evidence that the Army deployed at 10 PM without such an order, and that the Army garrison already stationed inside Singha Durbar made no apparent effort to defend the building.
The commission directed the government to address the Army Chief and the commanders stationed at Singha Durbar and Shital Niwas regarding their failure to protect national assets and citizens' human rights.
For institutional reforms, the commission recommended that Nepal enact clear legal provisions on army deployment in internal disturbances; strengthen coordination between the National Investigation Department, APF and Nepal Police; review the Local Administration Act 2028 regarding crowd control authority; and provide adequate equipment and human rights-based crowd management training to police riot units. (ANI)