An appellate court has ordered police to investigate the murder of Ganesh Kumar Shrestha, the elder brother of Ujjan Kumar Shrestha, who was shot dead by ex-Maoist lawmaker Bal Krishna Dhungel during the Maoist insurgency.

The Appellate Court of Janakpur has directed the District Police Office and the Office of the District Attorney in Ramechhap to investigate Ganesh's murder. Ganesh was shot dead allegedly by Maoist cadres in Sanghutar of Ramechhap district on 22 November, 2002.

Ganesh's elder brother Raj Kumar Shrestha had filed a case against six Maoist cadres, including Tika Sunuwar and Raktim Lama, at the Ramechhap DPO in 2003. But police never started an investigation on the case.

On 18 February, Ganesh's sister, Sabitri Kumari Shrestha, had filed a writ at the court demanding investigation of her brother's murder. Responding to the writ, the court had directed the Janakpur police office to explain why Ganesh's murder was not investigated.

Unsatisfied by the explanations furnished by the Janakpur police office, a joint bench of justices Purushottam Bhandari and Meghnath Bhattarai on Tuesday ordered the Janakpur police office to reopen the 12-year-old case.

Ganesh had filed a case against Dhungel for murdering his brother Ujjan in Okhaldhunga in June 1998, thereby instigating Maoist cadres to kill Ganesh.

Dhungel has been convicted of Ujjan's murder but is still walking free.  Police say he is a fugitive but he is protected by the Maoists and has been seen attending public programs.

Dhungel argues Ujjan's murder is a conflict-era case and should be solved by the recently-formed Truth and Reconciliation Commission (TRC). But Sabitri argues Dhungel was angry about an enter-ethnic marriage involving Ujjan and this cannot be seen as a conflict-era case.

Ishwor Chandra Jha