The decision of the District Government Attorney Office Kathmandu to recommend not filing a case against Mahendra Gautam—who was arrested on charges of setting fire to Singha Durbar during the September 24 Gen-Z protest—has sparked controversy.
Gautam, who was arrested on Magh 22, was recommended for release on Falgun 8 after the office concluded that there was insufficient evidence and grounds to prosecute him. A letter was also sent to the police instructing his release.
The move has drawn mixed reactions from legal experts. Some have criticized the decision, arguing that choosing not to prosecute a person who allegedly admitted to burning a government office sets a problematic criminal justice precedent. Others, however, have supported the government attorney’s stance, stating that prosecution should not proceed in the absence of solid evidence.
Ram Hari Kafle, chief of the District Government Attorney Office Kathmandu, said that apart from a video in which Gautam was seen claiming to have set fire to Singha Durbar, no additional evidence was found to confirm his involvement.
“Only one video of Gautam was found in circulation. Based on other available evidence, his involvement could not be established,” Kafle said. “As no further evidence was obtained, we concluded that prosecution was not possible and accordingly forwarded our recommendation to the High Government Attorney Office, Patan. A decision is expected by Wednesday.”
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