Following the government’s decision to implement the recommendations of the Gauri Bahadur Karki-led investigation commission on the September 8–9 protests, police have arrested former prime minister KP Sharma Oli and former home minister Ramesh Lekhak.

The commission’s report also recommended criminal action against then-inspector general of police Chandra Kuber Khapung, for identical offences. Despite this, the home administration currently has no plans to take Khapung into custody.

The report recommended prosecuting Oli, Lekhak and Khapung under Sections 181 and 182 of the National Penal Code.

Section 181 prohibits causing death through reckless acts, carrying a mandatory penalty of three to 10 years’ imprisonment and a fine of up to Rs100,000. Under this provision, a person is held liable for consciously disregarding a substantial and unjustifiable risk to human life.

Meanwhile, Section 182 deals with causing death through negligent acts, punishable by up to three years in prison and a fine of Rs30,000. Negligence, in this legal context, refers to a failure to perceive a risk that a reasonable person in the same position would have observed.

Beyond these three cases, the commission also sought action under Section 182 against then home secretary Gokarna Mani Duwadee, Inspector General of the Armed Police Force Raju Aryal, then chief of the National Investigation Department Hut Raj Thapa, and then chief district officer of Kathmandu Chhabilal Rijal.

To date, only the political leadership has been apprehended. Government spokesperson and Minister for Education Sasmit Pokharel said the administration is only executing the Cabinet’s decision.

“Everything is moving procedurally. The decision was to immediately act on individuals recommended by the commission while forming a study committee for those in the security apparatus. We will proceed based on that committee’s findings,” Pokharel told the Post. He added that Chief Secretary Suman Raj Aryal and the officials at the Ministry of Home Affairs are working on setting up the committee.

Security experts view the decision to spare security officials for now as a strategic calculation. “Filing criminal charges against an IGP is inherently problematic; a titular head does not personally order a firing,” said former Additional Inspector General of Police Uttam Raj Subedi.

“If officers are prosecuted simply for performing their duties, it would not only destroy their morale but also make it difficult to find future recruits for the police service.”

The sensitivity of the matter was evident during a midnight meeting on Friday between Home Minister Sudhan Gurung and high-ranking security officials. Inspector General Dan Bahadur Karki and APF chief Raju Aryal reportedly cautioned the minister about the difficulties of immediately implementing the report, insisting on “due legal process” to avoid a potential confrontation.

Despite these warnings, Minister Gurung was firm on the arrests, citing the Cabinet’s directive to act immediately on non-security personnel. After consulting Parashwar Dhungana, secretary at the Ministry of Law, the IGPs requested a written order. Consequently, Gurung issued a formal letter to the Police Headquarters on March 27, specifically naming Oli and Lekhak for arrest while omitting the names of security and bureaucratic officials mentioned in the report.

Historically, the state has been hesitant to prosecute security forces for protest suppression. In 1990, the government declined to prosecute officers named in the Mallik Commission report, arguing that maintaining police stability and morale was paramount for internal security and upcoming elections.

BP Bhandari, a member of the Karki commission, clarified that their job ended with the report’s submission. “The report is not inherently binding; we have detailed the events of September 8–9. It is now up to the government to decide whom to prosecute and whom to shield,” Bhandari told the Post.

The commission also recommended departmental action against several officers from the Nepali Army, Nepal Police, Armed Police Force (APF), and the National Investigation Department (NID).

According to the report, those facing recommended action from Nepal Police include Additional Inspector General Siddhi Bikram Shah, Deputy Inspector General Om Bahadur Rana, then-senior superintendent Bishwo Adhikari (currently a DIG), Senior Superintendent Deep Shamsher Rana, and Superintendent Rishiram Kandel.

From the Armed Police Force, the commission has recommended action against Additional Inspector General Narayan Datta Paudel, Deputy Inspector General Suresh Kumar Shrestha, and Superintendent Jiban KC.

Recommended for action from the National Investigation Department are Krishna Prasad Khanal, and Riben Kumar Gachchhadar.

Furthermore, the report identifies four Nepali Army commanders for disciplinary action. These include Brigadier General Manoj Kumar Baidawar, who led the security charge at the presidential residence Sheetal Niwas; Lieutenant Colonel Diwakar Khadka, head of the security team at the prime minister’s residence in Baluwatar; and Lieutenant Colonel Ganesh Khadka, who was in charge of security at the Singha Durbar Secretariat. Lieutenant Colonel Santosh Dhungel headed the security team deployed at the Parliament building premises.

Both the CPN-UML and the Nepali Congress have labelled the arrests of Oli and Lekhak as “vengeful politics”. The UML has announced street protests, while the Congress described the government’s approach as “selective”.

The Karki commission, formed by the previous government, submitted its findings on March 8.

The report concludes that both Oli and Lekhak failed to take any initiative to prevent the loss of life. “While there was no premeditated intent to murder, their negligence resulted in the deaths of teenagers as they made no effort to stop the firing even after casualties occurred,” the report states.

The commission, chaired by former judge Gauri Bahadur Karki, was formed on September 22 by the government led by Sushila Karki and submitted its final report on March 8.

The report has not been formally made public by the government, although it has been leaked to the media, and its implementation was mandated during the first Cabinet meeting of the new government led by Rastriya Swatantra Party senior leader Balendra Shah.

According to the report, neither then prime minister Oli, the country’s executive head, nor then home minister Lekhak, who was responsible for overall peace and security, made any visible effort to prevent human casualties during the events of September 8.

“While there was no evidence of a direct order to open fire or a premeditated intent to murder, it was observed that once the security forces began firing—resulting in deaths and injuries among protesters—no effort was made by the leadership to halt the gunfire,” the report states. It further notes that their reckless conduct led to the deaths of several individuals, including teenagers.

Regarding then home secretary Duwadee, APF chief Aryal, NID chief Thapa and then Kathmandu CDO Rijal, the commission found them unbothered to restore peace during a four-hour clash between protesters and police near the Parliament building.

“They appeared to indirectly support the police’s use of force. Even after fatalities on September 8, none of these officials took the initiative to intervene or restore order,” the Karki commission concluded.