Appellate
Court, Janakpur issued a writ of mandamus on November 4, 2014 ordering the
defendants (District Police Office, Mahottari and District Administration
Office) to lodge a first information report in Serajul Noori murder case and
investigate into the incident. The writ was issued by a division bench of judge
Purushottam Bhandari and Meghnath Bhattarai. This is the first time, Appellate
Court, Janakpur has issued, a writ of mandamus against Nepal Police in the
alleged encounter killing case. Noori's younger brother Israfil Mansuri had
filed a writ of mandamus at the court on March 24, 2014 seeking registration of
an FIR and investigation into the incident. Mansuri had dispatched an FIR by
post on February 10, 2014 after District Police Office, Mahottari denied to
lodge an FIR in the incident. He had sought to lodge the FIR under homicide
chapter. This FIR too was refused by the police.
Noori
was allegedly killed in encounter with the police on February 5, 2014.
According to the FIR, Noori was killed by police and informants at the order of
Deputy Superintendent of Police, District Police Office, Mahottari. Family of
the victim has sought action against the culprit under criminal law. The
police, however, claimed that Noori was killed in an encounter. The police
investigated the incident under involuntary death. District Police Office,
Mahottari, Chief of DPO Mahottari, District Administration Office, Mahottari
and Chief District officers were named as defendants in the case.
We
appeal to the District Police Office Mahottari and other concerned bodies to
investigate the killing by lodging an FIR in the case. THRD Alliance Regional
Office Janakpur had provided legal aid to the victim's family.
Raksha
Ram Harijan
Terai
Justice Centre, Kathmandu
Date:
November 7, 2014
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