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SC issues mandamus to advance long-delayed Gaur massacre case, names 130 including JSP-N Chair Yadav

The Supreme Court (SC) has issued a mandamus to expedite the process to provide justice to the victims of the Gaur massacre. A division bench of Justices Til Prasad Shrestha and Nityananda Pandey issued the mandamus.
By REPUBLICA

KATHMANDU, Aug 18: The Supreme Court (SC) has issued a mandamus directing authorities to expedite the investigation into the 2007 Gaur massacre, in which 27 individuals lost their lives. The order names 130 individuals, including Janata Samajwadi Party Chairman Upendra Yadav, who were listed in the original First Information Report (FIR).



A division bench comprising Justices Til Prasad Shrestha and Nityananda Pandey issued the mandamus, responding to a writ petition filed by victims seeking a judicial directive for investigation and legal action against those responsible.


On March 21, 2007, violent clashes occurred between cadres of the then CPN (Maoist) and the Madhesi Jana Adhikar Forum (MJF) at the rice mill grounds in Gaur, Rautahat. Both parties had scheduled rallies at the same time and location, despite recommendations from local authorities to avoid overlapping gatherings.


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The confrontation reportedly escalated into physical violence, resulting in the deaths of 27 Maoist cadres, including five women, and injuries to 42 others. According to field reports from the human rights organization INSEC, many of the deceased sustained severe head injuries and were attacked with sticks, stones, and other weapons.


Following the incident, the then-Home Minister Krishna Sitoula visited Gaur and assured that an investigation would be conducted. A high-level inquiry committee was established under the leadership of Hari Prasad Ghimire, then a judge at the Patan Appellate Court, but the report of the committee was not made public. Nine months later, the government provided financial compensation to the families of the deceased.


Following the SC’s decision, lawmaker Prabhu Sah wrote on social media that the order marked a “victory for justice.”


“Today, the Supreme Court’s order to advance the Gaur murder case marks a victory for justice. The victims of the gruesome Gaur massacre, who have long fought tirelessly and awaited justice, now have increased hope and confidence of receiving justice. I also express the belief that from today, justice will be delivered without obstruction and the perpetrators will be brought under the ambit of law,” Sah stated.


The SC’s mandamus, which came in response to a writ petition filed by a member of the victims’ families, Tribhuvan Sah, requires police to proceed with the investigation based on the FIR. Upon completion, the investigation report will be submitted to the District Government Attorney’s Office and subsequently forwarded to the District Court for further legal proceedings.


The SC’s order represents a formal judicial directive to ensure that the investigation into the Gaur massacre is conducted without further delay, nearly 18 years after the incident.


*Updated with additional details

See more on: Supreme Court
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