Basnet, who has been accused of human rights violation over the murder of 15-year-old Maina Sunar by the army in 2004, was sent back by the UN on Saturday. [break]
Following an order from Prime Minister Madhav Kumar Nepal, the NA was supposed to hand over Basnet to the police for investigation. But the NA said Basnet would appear before the civilian court only after the NA completes its probe.
"Nepal Army has started investigation into the cause of his expulsion and other possible cases related to him. Once the investigation is completed, he will go to the court," NA Spokesperson Brig Gen Ramindra Chhetri, told Republica, adding that Nepal Army fully respect court orders and procedures.
However, sources said the NA is planning to form a court of inquiry over Basnet´s expulsion once army chief Gen Chhatra Man Singh Gurung returns from India.
NA legal department chief BA Kumar Sharma and Major Gen Gaurav SJB Rana met Defense Minister Bidhya Bhandari on Sunday and informed her about the need of the court of inquiry.
Acting army chief cannot form the court of inquiry and so the army will wait till the army chief returns, according to Subas Devkota, press advisor to Bhandari.
Basnet is one of the four accused in the alleged murder of Maina Sunar. He is the only army officer in service while three other co-accused Boby Khatri (retired), Amit Pun and Sunil Adhikari (quit the NA) are no longer in the service. NA has maintained that Basnet was acquitted by its court of inquiry.
Meanwhile, Nepal Police has written to the Nepal Army to hand over Basnet to Kavre district police office.
"Nepal Police has requested [in writing] the Nepal Army to produce Major Basnet either before its Kavre office or Kavre District Court," Nepal Police Spokesperson DIG Bigyan Raj Sharma told Republica.
Basnet was serving the UN peacekeeping mission in Chad since last August though he faced a suspension order from Kavre district court. His status was not known till Republica published a report about him serving the UN mission on November 27.
According to Chhetri, the legal department of the NA has taken up Basnet´s case. "It cannot be predicted how long the investigation will take," Chhetri said.
In the meantime, Accountability Watch and Advocacy Forum, in separate statements, have asked the government to immediately hand over Basnet to Kavre District Police office.
"As the existing law grants power of criminal investigation to Nepal Police, Nepal Army has no legal authority to hold any accused into its custody. Adherence to law and court order demands and obliges Nepal Army to suspend and hand over the accused to police authority so that the accused can be produced before the court after issuing arrest warrant," Mandira Sharma, director of Advocacy Forum, said in a statement.
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