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Presumption of innocence, sometimes known as ‘innocent until proven guilty’, is a cornerstone of criminal justice systems around the globe. According to this theory, the prosecution has the burden of proof and an accused individual is presumed innocent until and until their innocence is established through a fair and impartial trial. It is both a defense against erroneous convictions and a necessary part of the right to a just trial. Presumption of innocence has its roots in Roman law, namely in the adage “Ei incumbit probatio qui dicit, non qui negat,” which states that “the burden of proof is on the one who declares, not on the one who denies.”

This idea became well-known in the late 18th century, thanks to the writings of legal scholars like Sir William Blackstone, who is credited with saying, “It is better that ten guilty persons escape than that one innocent suffer.” Over time, this idea persisted and shaped the evolution of contemporary legal frameworks. But it didn’t become well-known in European legal systems until the Enlightenment. Prominent thinkers like Voltaire and Cesare Beccaria fought for the rights of the accused, highlighting the need for fair trials and the presumption of innocence. A further testament to the presumption of innocence was the French Revolution's 1789 Declaration of the Rights of Man and of the Citizen, which stated that “Every man is presumed innocent until he has been declared guilty.”

Legal structure

A number of important international law texts contain references to the presumption of innocence. According to Article 11 of the 1948 Universal Declaration of Human Rights, “Everyone charged with a penal offense has the right to be presumed innocent until proven guilty according to law in a public trial at which they have had all the guarantees necessary for their defense.” The International Covenant on Civil and Political Rights (1966) stipulates in Article 14(2) that “Everyone charged with a criminal offense shall have the right to be presumed innocent until proven guilty according to law.” 

Constitutional recognition 

The presumption of innocence is specifically recognized by a number of national constitutions and legal frameworks. For example: The United States Constitution’s Fifth and Fourteenth Amendments guarantee that no one will be deprived of their life, liberty, or property without first undergoing a fair legal process. According to Article 48 of the European Union’s Charter of Fundamental Rights, “Everyone who has been charged shall be presumed innocent until proven guilty according to law.”

Article 20(5) of the Constitution guarantees the fundamental constitutional right to be presumed innocent unless and until proven guilty. In the same vein, the presumption of innocence in criminal cases is maintained by Section 12 of the National Penal Code, 2018. Therefore, in order to protect the integrity of the legal system, our hard-won liberties, and the dignity of the accused, criminal proceedings and the presentation of suspects urgently need to be changed. It is necessary to discontinue the widely used procedure whereby the Nepal Police parade detainees or individuals accused of minor offenses and issue statements, including information on the people they have detained, including pictures. The institution also needs to be cautious about the effects the practice might have on its investigations into the crime and the suspects, who might be found not guilty by the court. Thus, it is preferable to refrain from taking such rash decisions that can backfire and to inform the public and media until after the investigation is finished and the court issues a definitive ruling.

Principal’s significance

The protection provided by the assumption of innocence shields people from unfair allegations and incorrect convictions. It guarantees that the prosecution bears the burden of proof, having to prove the accused person’s guilt beyond a reasonable doubt. This strict level of proof is necessary to prevent mistakes and preserve the public’s faith in the legal system. The idea of a fair trial is based on this notion. It ensures that the accused has the right to a defense, which includes the capacity to refute the prosecution’s case, have access to legal counsel, and submit evidence. The presumption of innocence protects the fairness and impartiality of the legal system by guaranteeing that the accused receives such treatment. 

In actuality, the presumption of innocent has several difficulties despite its significance:

Influence of the media, extensive media coverage in high-profile cases may cause the public to adopt conclusions about the accused’s guilt or innocence before the trial even ends. This phenomenon, sometimes referred to as ‘trial by media’, has the potential to compromise the trial’s impartiality and threaten the presumption of innocence.

Prior to trial retention, the presumption of innocence may be violated in some jurisdictions where people are detained in pre-trial custody for protracted periods of time. The fact that being detained alone may lead to feelings of guilt emphasizes the necessity for legal systems to strike a balance between the rights of the accused and public safety.

Practical and legal obstacles, reverse onus provisions—which transfer the burden of proof to the accused under certain conditions—may undermine the presumption of innocence in some judicial systems. It is important to closely examine these exclusions to make sure that they don’t compromise fundamental rights.

Presumption of innocence is a fundamental tenet of legal systems all throughout the world. It guarantees that no one is unfairly punished, and that the integrity of the legal system is upheld. Although there are still obstacles in the way of completely implementing this idea, its continuous inclusion in legislative frameworks emphasizes how crucial it is to preserving the rule of law and safeguarding human rights. Presumption of innocence is a fundamental safeguard in the criminal justice system that helps to ensure that people are not unfairly convicted and that justice is served. It sustains the public's faith in the legal system and supports the fundamental human right to a fair trial. But in order to prevent this principle from being undermined by the media, pre-trial procedures, and legislative changes, constant watchfulness is required.

Shree Krishna Janmashtami, the birthday of Lord Krishna, is being celebrated by the Hindus throughout the country today with devotion and veneration amidst a variety of programs.

According to scriptures, Lord Shree Krishna was born in the midnight of Bhadrakrishna Ashtami day as per the lunar calendar during the Dwapar era.

Lord Krishna is considered as the incarnation of Lord Bishnu, the protector of human beings from evil, injustice and devilish forces. He is also regarded as the proponent of the three principles of Gyanayog, Karmayog and Bhaktiyog.

Shree Krishna Janmastami is celebrated to cherish the good deeds of Lord Krishna for a happy and prosperous life. Lord Krishna, born to Basudev and Devaki and held prisoner by Kansha in Mathura, guided humanity on the path of knowledge, truth and immortality, the legend says.

Lord Krishna is also known as "Gopal" for his dedicated service to the cows as a herder. He is also known as "Manmohan" for the melodies he used to play on his flute, charming everyone.

Devotees throng the temples of Lord Krishna including the famous Shree Krishna Temple of Mangal Bazaar in Lalitpur. The renowned and artistic Shree Krishna Temple made up of stones was built by the then King of Patan, Siddhi Narsingh Malla.

Various religious organizations and institutions celebrate the birth anniversary of Lord Krishna by organizing colorful processions with the idols of Lord Krishna flanked by decorative portraits.

Devotees, especially women, spend the night chanting prayers and devotional songs, dancing and lighting oil-fed lamps.

Nepali Congress had recently split. The president of the splinter group, Nepali Congress (Democratic), was former Prime Minister Sher Bahadur Deuba. He was on a nationwide tour to expand the party organization.

On 23 Aug 2002, there was a mass meeting in Kanchanpur. After concluding the meeting, Deuba reached Dhangadhi on the same evening. The next day, on Aug 24, he met with party workers in the morning, had lunch, and departed from Dhangadhi at 1pm with plans to reach Nepalgunj by 4pm.

Since King Gyanendra had removed him from power, the government had not provided Deuba with an official vehicle, nor had they arranged adequate security for him. Deuba was traveling in his own Toyota Land Cruiser, accompanied by a driver and two bodyguards.

Deuba’s car was being escorted by a police vehicle. In the lead vehicle, which belonged to the Department of Roads, there were seven police personnel. The vehicle had only been secured with difficulty, as the Chief District Officer had initially sent a vehicle covered with a tarpaulin, which Deuba’s bodyguard, Sub-inspector (SI) Ramji Katuwal, had rejected. Katuwal had then arranged for the vehicle from the Department of Roads, which was now carrying the police escort.

About 45min after leaving Dhangadhi, Deuba's vehicle reached Amkhaiya in Pahalwan Pur. Some 7-8 Maoist fighters in combat dress were standing on the road with the intent of stopping the vehicle.

The geographical area of Amkhaiya, situated between Pahalwanpur and Masuriya on the East-West Highway, was ideal for ambushing vehicles on the road. There were hills on both sides of the road, and a forest in between. SI Katuwal quickly realized that the Maoist fighters were already positioned in the forested hills on either side, ready to attack.

He noticed an LMG (Light Machine Gun) placed on a tripod and ready to fire. The vehicle was moving at over 100km/h, and he instructed the driver to speed up even more. When the attempt to stop the vehicle failed, the Maoists opened fire with the LMG from both sides of the road. The bullets punctured both rear tires of the police vehicle, which continued moving on its rims. The Maoists then launched a barrage of gunfire at Deuba’s vehicle, hitting it three times.

One bullet struck the front bonnet, another the tail light on the right, and the third hit the upper part of the front wheel cover. All the bullets were deflected by the vehicle's metal body. The can didn’t sustain much damage. The sound of bullets hitting the vehicle was loud, and Deuba asked Katuwal if stones had been thrown at the car.

The police in the lead vehicle fired back while lying down, and the police vehicle continued to advance under heavy fire from the Maoists above.

At around 1:45pm, a police vehicle arrived at the scene. A group of Maoists attempted to stop the vehicle, but it didn’t stop. The Maoists then fired from the LMG which hit the rear tires of the lead vehicle. To protect Deuba from the attack, SI Katuwal moved him to the back seat, covering him along with another bodyguard, Assistant Sub-inspector (ASI) Babukaji Khadka.

The location, the premeditated nature of the attack, and the presence of Maoist fighters in the area all indicated that the Maoists had intended to kill Deuba. “We managed to escape with him,” Katuwal recalled, adding, “We covered him so thoroughly that a bullet would have had to go through us to reach him.”

With the tires of the police vehicle damaged by the bullets, its speed decreased. Deuba’s vehicle then pulled ahead, leaving the police vehicle behind. Despite the damage, the police vehicle also managed to get out of Amkhaiya. After clearing the forested area, Deuba’s vehicle finally stopped. The police vehicle arrived shortly after but was in no condition to continue. The driver had somehow managed to get the vehicle there and save all the police personnel. 

SI Katuwal then transferred the seven police personnel from the lead vehicle into Deuba’s vehicle. The driver, Prem, then sped towards the security base camp in Sukhad. It was around 2:30 pm. When Deuba’s vehicle arrived at Sukhad, the Maoists set fire to the police vehicle that had been left behind on the road.

Prem Khatri, who worked with the Armed Police Force, was Deuba’s driver. Khatri remained calm during the attack, controlling the vehicle with composure and safely reaching Sukhad. “Only then did we all feel safe,” said Katuwal.

“Thank goodness nothing happened,” Katuwal remarked. Despite the severity of the attack, Deuba remained composed. SI Katuwal had a police walkie-talkie set, but it didn’t work in the jungle, so he was unable to inform higher authorities about the Maoist attack.

From Sukhad, SI Katuwal informed the Chief District Officer about the Maoist attack on Deuba. 

Katuwal then contacted Deuba’s residence to inform them that he was safe. Deuba’s wife, Arzu Rana, was attending a program in Parbat and couldn’t be reached, so Katuwal relayed the information to Deuba’s brother-in-law, Bhushan Rana. Deuba later spoke to his wife, Arzu, after 7 pm.

It was during a ceasefire, and Deuba, having been ousted from power by King Gyanendra, had no reason to suspect that the Maoists would attack him. That is why he had set out from Dhangadhi to Nepalgunj with only minimal security. The country was under direct rule by the king, and the government had been so negligent in providing security to the former prime minister that they hadn’t even provided him with an official vehicle. Deuba had to have his own Toyota Land Cruiser brought from Kathmandu.

Deuba was unwilling to stay in Sukhad overnight. He informed SI Katuwal that he planned to stay in Nepalgunj that night. However, Katuwal advised against it, as there was no guarantee that the Maoists wouldn't attack again, and it wasn't safe to head to Nepalgunj.

The news of the attack on Deuba had spread like wildfire. The Chief District Officer informed the Ministry of Home Affairs about the incident. Deputy Inspector General (DIG) Hem Bahadur Gurung was the Chief of Police in the Mid-Western region at the time. SI Katuwal requested a helicopter from Gurung, but the government was unwilling to send a military helicopter. The DIG informed Katuwal that a private helicopter couldn’t be arranged either, citing security risks.

Chief of the Nepali Army, Prajwal Shamsher JBR, called to get details about the attack and security situation. He then arranged for an anti-mine vehicle to be sent to Sukhad. Deuba was willing to go to Nepalgunj in that vehicle, but it couldn’t accommodate the entire police team. Deuba didn’t want to stay in Sukhad; he wanted to move on. However, Katuwal advised that it wouldn't be wise to move immediately.

Deuba was scheduled to address a mass meeting of the Nepali Congress (Democratic) in Tulsipur, Dang, the next day. He was concerned that if he didn’t attend, it would send a message that he had been frightened away, and this would demoralize the party workers.

“The attack on Deuba wasn’t premeditated. It was an accidental incident,” said KC. That evening, Sudurpaschim Bureau In-charge of the Maoists, Post Bahadur Bogati, issued a statement, apologizing and acknowledging that the attack on Deuba was a mistake.

That night, Deuba stayed in Sukhad. Additional security forces were deployed for his protection. The next morning, the Defence Secretary sent a helicopter, which Deuba took to Nepalgunj. After having lunch in Nepalgunj, Deuba flew on a helicopter to Tulsipur in Dang and addressed the party’s mass meeting before returning to Kathmandu.

Following Deuba in another vehicle were senior party leaders, including Bimalendra Nidhi, Prakash Man Singh and Pradeep Giri. Upon learning about the attack on Deuba, they stopped at the Armed Police Force’s Badimalika Battalion in Banbehda and stayed there for the night. The next day, they too traveled to Tulsipur via Nepalgunj.

That evening, Sudurpaschim In-Charge of Maoist Post Bahadur Bogati issued a statement apologizing, stating that there had been no plan or decision to attack Deuba and that the incident had occurred by mistake.

‘Deuba got caught in the crossfire by mistake’

It was during a ceasefire. Four Maoist cadres who had returned home were killed in an attack by the police in Badhaipur, Masuriya. After that incident, the Maoists were furious with the police and decided to retaliate in kind: ‘an eye for an eye’. They planned to kill the police in the same manner that the police had killed their comrades.

For several days, a battalion of the Maoist People’s Liberation Army had been waiting near Masuriya and Pahalwanpur area, preparing to ambush the police. The battalion was commanded by Bijay KC. His team received intelligence that a police unit was coming from Attariya. The Maoists had already chosen the location for the ambush—the Amkhaiya forest in Pahalwanpur.

Amkhaiya lay on the route between Masuriya and Pahalwanpur. With hills on both sides, it was an ideal location for the Maoists to attack vehicles on the road. They positioned themselves on the hills, ready to ambush the  police vehicles.

The police vehicle arrived at around 1:45 pm. A group attempted to stop the vehicle on the road, but it didn’t stop. Then, the Maoist fighters positioned on the hills opened fire with an LMG. The bullets fired by the Maoists damaged both rear tires of the lead vehicle. The driver, without losing control, sped up the vehicle. After that, they attacked the vehicle behind. The rear vehicle sped forward so quickly that it dodged the bullets, though three bullets did hit the vehicle. However, the bullets struck the vehicle’s metal body and did not cause any significant damage.

The Maoist fighters were disappointed that their ambush on the police had failed. They had been waiting to ambush the police to avenge the killing of their comrades.

As evening fell, news spread everywhere that former Prime Minister Sher Bahadur Deuba had been attacked by Maoists in Aamkhaiya, Kailali. “We were shocked,” Commander Bijaya KC, involved in the attack, said, “We were planning to attack the police, but mistakenly ended up attacking the vehicle carrying former Prime Minister Deuba.”

“Our intelligence had informed us that the police were on their way, and based on that information, we had positioned ourselves for an attack in Aamkhaiya,” KC explained. “When the police vehicle arrived, we attacked from the hills with an LMG. Although the bullets damaged the vehicle, the driver managed to maintain control and sped away, preventing any casualties.”

“We had no idea that the police were escorting the former Prime Minister’s vehicle. The incident happened due to a failure in our intelligence. Neither was it an attack on Deuba, nor did the Maoist party have any such plan or decision.”

“We only realized later that Deuba had been caught in our attack. Fortunately, nothing happened to him. We used the LMG because we couldn't find a suitable spot to deploy the rocket launcher,” KC added. “Had we used the rocket launcher, no one in the vehicle would have survived.”

“The attack on Deuba was not intentional; it was an accident,” KC stated. 

Accordingly, Post Bahadur Bogati, the in-charge of the Far-Western Bureau of the Maoist, issued a statement apologizing for the unintentional attack on Deuba.

Unofficial translation of an excerpt of Upadhyaya's book ‘Dwandwa Patrakaritako Ek Dashak’ (A decade of conflict journalism)

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