Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information on the missing person’s case of Chhori Maiya Maharjan. The Kathmandu District Court again postponed the final hearing of Chhori Maiya. Chhori Maiya went missing on February 28 2012 after she left her Jaisideval-based house to meet Surakshya Singh alias Nikki at Baneshwor, Kathmandu. The AHRC released a Urgent Appeal on 5 March 2013 in which we highlighted the delays in the investigations and lack of cooperation by the police and the Search Committee formed under the Home Ministry.
UPDATED INFORMATION:
According to the information received by the Asian Human Rights Commission (AHRC), the final hearing of missing person’s case of Chhori Maiya Maharjan, scheduled for 3 February, 2014, has been postponed. When the family members arrived at the Kathmandu District Court entrance, they were informed that the hearing was postponed as the judge had to attend an ongoing training program. Judge Rajendra Kumar Kafle is currently overseeing this case. The court has not given any specific dates for the next hearing. The justice process has become unacceptably lengthy for the family and they want to know the whereabouts of Chhori Maiya.
When the family registered a FIR, implicating Nikki’s involvement, the police took Nikki into custody based on available evidence. But surprisingly Nikki’s testimony was altered before it was presented to the Kathmandu District Court. She was released on bail amount of NRs. 100,000.
The Home Ministry formed a search committee on 12 August 2012 led by Gokarna Mani Duwadi, Joint Secretary of the Home Ministry which was supposed to submit a report within 7 days. The committee visited the family members at their home. They were also called to the committee office for giving further information. The committee completed their task within a month. However, they did not disclose any information on the report. The campaigners who have supported the family started to pressure the Home Ministry. The committee ultimately submitted the report to the court after 4 months of continuous pressure. However the family members were not given any copy of the report, or even allowed to see its contents until now. (In the picture beside: Maharjan, the youngest daughter, protesting)
The AHRC already reported about the political interference in this case. The prime suspect Nikki Singh has close family connection with Bijay Kumar Gachhadar, former Home Minister. It has been speculated that Gachhadar played a crucial role in delaying the investigations. He has also given political protection to Nikki and her businessman brother, Dipak Malhotra.
The family members are not looking for much. They only want to know the whereabouts of Chhori Maiya Maharjan. Sudha Maharjan, the youngest daughter, said that they just want to know what happened to their mother. The family does not even want the NRs 5 million that Nikki borrowed from her mother.
The AHRC is concerned about the delayed justice on this case. This case has been under consideration at the Kathmandu District Court for 2 years now. The court has frequently made petty excuses to prolong the case, a mockery of the justice system in Nepal.
The AHRC is further concerned about safety of the family members and we urge the Nepal government to ensure their security. They have been undergoing mental and physical torture for two years now. They deserve to know whereabouts of Chhori Maiya. Justice must be provided immediately.
SUGGESTED ACTION:
Please send a letter to the government authorities listed below expressing your concern about this case and request immediate intervention.
The AHRC has written a separate letter to the Special Rapporteur on Violence against Women, its causes and its consequences on this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ______,
NEPAL: State remains unresponsive to the missing person Chhori Maiya Maharjan, and her family wants to know where she is
Name of victim: Ms. Chhori Maiya Maharjan, 51, a permanent resident of Kathmandu
Names of alleged perpetrators: Nikki Singh & Dipak Malhotra
Date of incident: 28 February 2012
Place of incident: Kathmandu, Nepal
I am writing to voice my serious concern against the delay of final hearing of missing person’s case of Chhori Maiya Maharjan, scheduled for 3 February, 2014, has been postponed. When the family members arrived at the Kathmandu District Court entrance, they were informed that the hearing was postponed as the judge had to attend an ongoing training program. Judge Rajendra Kumar Kafle is currently overseeing this case. The court has not given any specific dates for the next hearing. The justice process has become unacceptably lengthy for the family and they want to know the whereabouts of Chhori Maiya.
When the family registered a FIR, implicating Nikki’s involvement, the police took Nikki into custody based on available evidence. But surprisingly Nikki’s testimony was altered before it was presented to the Kathmandu District Court. She was released on bail amount of NRs. 100,000.
The Home Ministry formed a search committee on 12 August 2012 led by Gokarna Mani Duwadi, Joint Secretary of the Home Ministry which was supposed to submit a report within 7 days. The committee visited the family members at their home. They were also called to the committee office for giving further information. The committee completed their task within a month. However, they did not disclose any information on the report. The campaigners who have supported the family started to pressure the Home Ministry. The committee ultimately submitted the report to the court after 4 months of continuous pressure.
I am dismayed to learn that the family members were not given any copy of the report, or even allowed to see its contents until now.
I am aware about the political interference in this case. The prime suspect Nikki Singh has close family connection with Bijay Kumar Gachhadar, former Home Minister. It has been speculated that Gachhadar played a crucial role in delaying the investigations. He has also given political protection to Nikki and her businessman brother, Dipak Malhotra.
The family members are not looking for much. They only want to know the whereabouts of Chhori Maiya Maharjan. Sudha Maharjan, the youngest daughter, said that they just want to know what happened to their mother. The family does not even want the NRs 5 million that Nikki borrowed from her mother.
I am concerned about the delayed justice on this case. This case has been under consideration at the Kathmandu District Court for 2 years now. The court has frequently made petty excuses to prolong the case, a mockery of the justice system in Nepal.
I am further concerned about safety of the family members and I urge the Nepal government to ensure their security. They have been undergoing mental and physical torture for two years now. They deserve to know whereabouts of Chhori Maiya. Justice must be provided immediately.
Sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Khil Raj Regmi
Chairman
Council of Ministers
Office of the Prime Minister and Council of Ministers of Nepal
Singh Darbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Mr. Madhav Prasad Ghimire
Home Minister of Nepal
Home Ministry
Singh Darbar, Kathmandu
NEPAL
Fax: +977 1 42 11 232
3. Mr. Bed Prasad Bhattarai
Acting Secretary
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. Attorney General of Nepal
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@attorneygeneraal.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
6. Ms. Chandtara Seikh
Chairperson
National Women Commission
Bhadrakali Plaza, Kathmandu
NEPAL
Tel: +977 1 4256701
Fax: +977 1 4250246
E-mail: info@nwc.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
