By Purushottam P. Khatri

Kathmandu, Jan. 21: Four persons were killed and eight others injured in police encounters in the last two years, according to records of Nepal Police Headquarters. But some of the actions, also termed police encounters in which individuals are killed, have not remained free from controversy.
According to Nepal Police Headquarters, police encounter is not a thing to be made or designed deliberately, but a moment that arises when a criminal gang attacks the police forcing them to open fire.
Legal experts and former security officers have criticised the police encounters that occurred on different dates, and such actions have dragged the whole administration into public criticism, tarnishing the image of the force.
On January 12, police had to open fire to arrest a murder suspect, Bishnu Tamang, 30, at Jammu Danda near Jorpati.
According to DSP Ramesh Bahadur Singh of Bouddha Metropolitan Police, the incident happened when Tamang pelted stones at the police who had reached there to nab him. A bullet pierced Tamang’s left calf while he also sustained injuring on his right leg.
In the case of Tamang, former AIG of Nepal Police Jay Bahadur Chand said that if Tamang had sustained bullet injury above his knees, he could have died there or in course of treatment and the police administration had to term the action a cross-fire. Tamang was accused of murdering a 17-month baby girl in Sindhupalchowk in January last year.
Similarly, when 11-year old Nishan Khadka of Kandaghari was killed on August 6, 2018, after his abduction by

alleged kidnappers – Gopal Tamang and Ajaya Tamang, both kidnappers were shot dead next day in a cross fire at Doleshwore of Bhaktapur.
Likewise, when Kumar Poudel was shot dead on June 20, 2019, at Lalbandi forest of Sarlahi district, many of them called the operation a ‘fake police encounter.’ Stakeholders from many quarters termed the operation as framed or pre-planned by police administration. Even the National Human Rights Commission termed the operation an extra-judicial killing by the State. Home Minister Ram Bahadur Thapa Badal, furnishing clarification regarding the incident at the parliament, had even claimed that Poudel was killed in cross fire.
Deputy Inspector General and Metropolitan Police Chief Bishwaraj Pokharel said that most of the targets in the encounter were individuals involved in coercion, robbery, and vandalism whereas a few were the absconders involved in various criminal activities. He said that only the criminals involved in spreading terror by executing activities like kidnapping, robbing, looting, blackmailing had high chances of getting in cross fire.
“Police administration cannot think of an encounter but it is a situation that develops suddenly when police have to retaliate for their own safety,” said DIG Pokharel. Police records show that generally, the robbers, dons, kidnappers, and those spreading terrors in the society have died in encounters.
There is a legal provision that if the police have to open fire, they should shoot below the knees.
Former AIG Chand said that encounter is not scheduled. “Whenever the police face attacks from criminals in their pursuit, they have to open fire which may turn fatal,” he said. “However, precautions should be taken to nab the criminals by targeting them below the knees or only injuring them.”
“Provided the criminals threaten the life of the security personnel, firing them back is very common which may result in the death of the criminals.” Chand, however, suggested that one should avoid making encounters in the name of taking revenge.
Former DIG Hemanta Malla said that there had been some weaknesses on the part of security officials as well. “The acts of killing after arrests in the name of ‘encounter’ can hardly be justified.”
“Provided the armed person or group assaults the police on duty, counter-attack becomes unavoidable.” Malla said, “Even in such cases, the police in charge of the operation and the leadership should be cautious to cause minimum harm or damage on the culprits and prove themselves more responsible and accountable.
Sher Bahadur K.C., former president of Nepal Bar Association, said that the operation made in the name of ‘police encounter’ without justifying the cases can be termed as extra-judicial killing.