Terai Human Rights Defenders Alliance (THRD Alliance) expresses its concern over the refusal of the Nepal Police to register the First Information Report (FIR) in the custodial death of Ram Manohar Yadav, a resident of Banke, on August 31. He was arrested by Bardiya District Police in Gulariya on August 23 for waving black flag at Deputy Prime Minister and Minister of Health and Population Upendra Yadav.

THRD Alliance has been seriously following up the issue as Ram Manohar Yadav’s final rites could take place only after postmortem is conducted for which filing an FIR is necessary.

Despite continued efforts from the family members to file an FIR, Nepal Police has been denying to register it. The family members have refused to accept the body of their kin without FIR being lodged and an autopsy being conducted.

Refusal to register an FIR

It appears that Yadav, who was on medication for hypertension, died in the night of August 31 in police custody due to lack of timely medical care. Family members said police did not take Yadav to medical centre in time to treat his medical condition and they took the victim to TU Teaching Hospital only on August 31 in an ambulance, when it was too late to treat him. TU Teaching Hospital declared that Yadav was brought dead. Yadav’s family members’ efforts to lodge an FIR in Kathmandu, Banke and Bardiya district have not succeeded. They went to Maharajgunj Police Office in Kathmandu on September 2 to file the FIR but the police refuted to register it.

On September 3, Yadav’s family members went to District Police Office, Banke to register an FIR but this office too denied registering the FIR citing lack of jurisdiction. The same day the victim’s family members went to District Police Office, Bardiya to register an FIR. This office too refused to register the FIR. It told the family members that it could consider registering the FIR if they did not name Chief of District Police Office, Bardiya Superintendent of Police Surendra Prasad Mainali in the FIR.

Following that, family members went to Police Headquarters in Naxal, Kathmandu on September 4, seeking to register an FIR, however, they had to return empty handed as the head office refused to register the FIR.

On September 5, they went to National Human Rights Commission in Lalitpur to seek its help to file an FIR.

Similarly, family members of Yadav again went to District Police Office, Bardiya on September 6 but once again the office refused to file the FIR saying SP Mainali had been named in the FIR.

Family members in trauma

Since, family members have not been able to see the body of Yadav due to delay in postmortem, they are going through extremely traumatic experience. Yadav’s father, mother, wife and children are crying and inconsolable. Unable to bear shock of the death of family’s bread winner, the family members have fainted multiple times since the death of their loved one. The family has been denied of their right to perform rites of their loved one.


Yadav, who was a district member of Alliance for Independent Madhes (AIM), was arrested on August 23 from the auditorium of Bardiya District Coordination Committee along with Western Regional Coordinator of AIM Irfan Ahmed Sheikh, District Co-coordinator Harpal Singh Sodi and District member Rajit Ram Verma. The four had gone to attend a programme scheduled to be addressed by Deputy Prime Minister and Health Minister Upendra Yadav. The police arrested these people mainly because they feared that they could pose questions to DPM Yadav regarding the Madhes movement. When these people were arrested by the police, they waived black flag against Yadav. They were charged under sedition law and were sent to District Police Bardiya.

It was claimed that Yadav died in the night of August 31 after the police delayed taking him to hospital. Yadav’s family members, who could have provided him with his hypertension medication, were not allowed to meet him for two days after his arrest on August 23. Yadav then asked the police for hypertension medication but the police refused to give him the medication.

Yadav, who reportedly suffered from a severe headache due to hypertension, was found unconscious at 5am on August 30. When other detainees found Yadav unconscious, they informed the police, following which the police first took him to Gulariya District Hospital and later to the Nepalgunj-based Bheri Zonal Hospital. He was not provided any treatment at Gulariya District Hospital.

There was no ICU available for Yadav in Nepalgunj hospital. Dr Paras Shrestha of the same hospital called Nepalgunj-based Medical College and urged the hospital administration to admit Yadav in its ICU but the police did not admit him to the ICU and rather pressurized the family members to sign a document.

The police said they could take Yadav to Kathmandu only if his family members signed a document agreeing that they would be responsible if anything happened to Yadav during the course of transportation.

Yadav’s condition deteriorated as he failed to get proper care for a long time. THRD Alliance Regional Office Nepalgunj on August 30 issued a press release urging all not to create any obstacle to Yadav’s treatment following which the police admitted Yadav to the ICU Ward at Nepalgunj-based Medical College.

On August 31, the police put Yadav on oxygen support and transported him to Kathmandu in an ambulance. TU Teaching Hospital declared him dead on arrival.

Meanwhile habeas corpus writs have been filed at the Nepalgunj High Court on behalf of other detainees. The court has ordered the defendants to produce the four detainees on September 2. THRD Alliance demands that the government launches an impartial probe into the incident and punishes those found responsible for Yadav’s death, by omission or commission. THRD Alliance also urges the government to provide compensation to the victim’s family. THRD Alliance also urges the National Human Rights Commission and non-governmental human rights organisations to investigate the death of Ram ManoharYadav.


THRD Alliance demands that Nepal Police register an FIR so that postmortem can be conducted and final rites of Yadav can be performed. THRD Alliance also urges the government to investigate the custodial death of Yadav.