With the government’s decision to implement the report of Gauri Bahadur Karki Commission, which investigated the September 8-9 incidents, law enforcement agencies can now probe the immediate past prime minister KP Oli, then home minister Ramesh Lekhak, then home secretary Gokarna Mani Duwadi, then chief district officer of Kathmandu Chhabi Rijal for their roles in cracking down on the Gen Z youth protest. Nineteen people, mostly young protesters, were killed on the first day of the protest on September 8.

The decision was taken by the first Cabinet meeting on Friday after Prime Minister Balendra Shah and his 14 ministers assumed office after being sworn in by President Ramchandra Paudel.

Announcing the Cabinet’s decision to implement the Karki Commission report, communications minister and government spokesperson Sasmit Pokharel said that a committee would be formed to study matters related to security agencies. For others being investigated, however, the decision is to move directly towards implementing the report.

The report has recommended criminal investigation into Oli, Lekhak, and then chief of Nepal Police Chandra Kuber Khapung.

It also recommends action against Armed Police Force Chief Raju Aryal and National Investigation Department Chief Hutaraj Thapa. Moreover, the commission has recommended departmental action against the incumbent chief of Nepal Police Dan Bahadur Karki.

After the weekly tabloid, Jana Aastha, leaked the report, outgoing Sushila Karki government had decided to publish it.

Later in the evening, Home Minister Sudan Gurung held discussion with Inspector General of Nepal Police Dan Bahadur Karki and the chief of Armed Police Force Raju Aryal on how to proceed.

The government appears to be in favour of immediately arresting those implicated and initiating investigation. In his first address after assuming office, Home Minister Gurung said that since this government was formed on the foundation of the “Gen Z movement,” it would move forward in accordance with the movement’s mandate. He also expressed commitment to implementing the commission’s report and urged the heads of security agencies to cooperate in this regard.

“The prime minister’s decision and the Cabinet’s decision regarding the Gen Z mandate must be implemented immediately. No one will be exempt. The Home Ministry will take the primary responsibility for this change. Accordingly, I urge the security chiefs to act. I will not speak much. I will move into action and deliver results,” said Home Minister Gurung.

But law professor Bipin Adhikari told the Post that the government has to go through several steps to implement the report.

“First of all, the government should prepare a point of investigation, and decide how to proceed with the report,” said Adhikari, then the government should go for legal frameworks.

“The report seems subjective. As widely perceived, no one can arrest Oli and others immediately. The government should amend laws or bring in laws if needed. Moreover, it needs a lot of legal framework. The government should have enough legal support and framework to implement the report, because the report does not have a strong legal basis for arresting those implicated,” said Adhikari.

As per the Cabinet decision, the report will be forwarded to the authorities concerned for implementation in cases not involving security agencies.

One minister told the Post that this means the report will be studied by law enforcement agencies and government attorneys to find the legal basis and file cases, but it does not mean those implicated would be arrested immediately.

Government agencies will investigate security officials through different processes, as indicated by the Karki commission.

The commission has recommended that Oli, Lekhak, and Khapung be investigated and prosecuted for an offense carrying up to 10 years’ imprisonment.

The CPN-UML has objected to the government's decision to investigate Oli and others. Mahesh Basnet, a secretary of the CPN-UML, has objected to the Cabinet decision to take different approaches to investigate politicians and security agencies.

On a Facebook post, Basnet said “If, in the name of implementing the Karki Commission’s report, the government attempts arrests and political revenge, it will not only face obstacles at the very outset but also risk pushing the country back towards conflict. Such biased decisions are unacceptable under any circumstances. Justice must be equal for all; otherwise, there will certainly be strong resistance against it.”

Likewise 23 UML-affiliated organisations also issued a statement on Friday evening and denounced the government decision to investigate Oli.

The report recommends investigation under Section 181 of the National Penal Code, 2017. This section stipulates that no one should cause the death of another person through negligent acts. If such an act results in death, the law provides for a prison sentence ranging from three to ten years and a fine of Rs30,000-100,000.

With the government’s decision, Oli and Lekhak can now be investigated under Section 181. However, Khapung, being a security force member, is not expected to face immediate investigation.

Similarly, the commission has recommended action under Section 182 against Home Secretary Gokarna Mani Duwadi, Armed Police Force Inspector General Raju Aryal, former chief of the National Investigation Department Hutaraj Thapa, and then chief district officer Chhabi Rijal.

Concluding that they caused deaths through negligence, the commission has recommended investigation under the applicable criminal laws for such an offense. If found guilty of negligence, they could face up to three years in prison and a fine of Rs 30,000.

Among those recommended for action, Aryal is the incumbent IGP of APF, and Thapa is also associated with the intelligence sector (a former security official). Therefore, they are not likely to face immediate investigation. However, apart from Thapa and Aryal, the way is now open to investigate then Home Secretary Dawadi and then Kathmandu CDO Rijal.

During the first Cabinet meeting, Prime Minister Shah instructed ministers to work with full confidence and spirit. According to one minister, the prime minister clearly told them to deliver as per the spirit of the people's expectations.

Ahead of the Cabinet meeting, prime minister Shah instructed the senior bureaucrats not to delay in their work and asked them to catch up with the spirit of the government. He also instructed government secretaries not to delay if any law or regulation needed to be amended or changed. “You have to be mindful of the spirit and strength of the government,” Shah told the joint meeting of secretaries.