Supreme Court orders investigation into the 2007 Gaur massacre

Nepal’s Supreme Court has reopened a 19-year-old case involving the killing of 28 Maoist party members in Gaur, Rautahat.

This decision puts Upendra Yadav, the current head of the Janata Samajwadi Party, in a difficult position. The court’s order comes after a petition was filed against the Rautahat District Police Office and the District Public Prosecutor’s Office. A bench of two Supreme Court justices, Til Prasad Shrestha and Nityananda Pandey, issued a directive to proceed with the case against those involved.

The incident took place on March 21, 2007. According to the article, supporters of the Madhesi Janaadhikar Forum, which was led by Upendra Yadav, allegedly attacked and killed the Maoist members who had gathered for a program at the Gaur rice mill grounds. The victims were reportedly chased and brutally killed with spears, knives, sticks, and guns.

Maoist leaders and human rights organizations have long claimed that Yadav directly instructed his followers to carry out the attack. At the time of the event, Yadav was leading the Madhesh movement and had even burned a copy of the 2007 Interim Constitution. The Supreme Court’s decision to reopen the investigation now ties Yadav to the case.

Immediately after the massacre, victims and their families filed formal complaints with local police. However, for 16 years, no investigation followed, and no action was taken against the perpetrators.

In January 2023, Nepal’s National Human Rights Commission issued a formal recommendation urging the government to investigate Upendra Yadav and 129 others, based on credible evidence of planning and orchestration. The commission demanded quarterly progress updates and compensation for victims. Despite these legal obligations, the government failed to act or provide explanations.

Frustrated by the lack of response, the victims filed a writ petition in the Supreme Court on June 4, 2023, pressing for legal action against those responsible. The case was assigned to various benches, including those led by Justice Kumar Regmi and later Justice Prakashman Singh Raut.

Finally, on April 25, 2024, Justice Til Prasad Shrestha issued a show-cause order to the Rautahat District Police Office and the District Attorney’s Office, demanding written reasons for their failure to investigate the massacre.