Supreme Court Orders Probe into Gaur Massacre, Upendra Yadav Among 130 to Face Investigation

The long-stalled investigation into the 2007 Gaur massacre in Rautahat is finally set to resume after the Supreme Court issued a mandamus order, opening the way for an official probe against 130 individuals, including former Madhesi Janadhikar Forum (now Janata Samajbadi Party Nepal) Chairperson Upendra Yadav.

The massacre, which took place on March 21, 2007 (7 Chaitra 2063 BS), claimed the lives of 27 Maoist cadres during a violent clash at a rice mill ground in Gaur. The incident unfolded when members of the Madhesi Janadhikar Forum attacked a Maoist rally, leaving five women among the dead and at least 42 others injured.

Despite its scale, the case was buried under political maneuvering and power struggles for 18 years. Victims’ families—including Rupsagar Upadhyay, Rupaiya Khatun, Bikram Patel, and injured survivor Tribhuvan Sah—petitioned the court, arguing that justice had been denied due to political influence.

Supreme Court Order

A joint bench of Justices Til Prasad Shrestha and Nityananda Pandey directed authorities to proceed with the investigation based on the victims’ complaints and reports from the National Human Rights Commission (NHRC). The court, however, has yet to release the full text of its ruling, issuing only a brief order.

Officials said police can immediately initiate the probe using the victims’ complaints as a legal basis. Past precedents, such as the investigation of Congress leader Mohammad Aftab Alam, also followed similar Supreme Court orders.

Police Response

Madhesh Province Police Chief DIG Uma Chaturvedi confirmed that police would follow the court’s directive. Rautahat District Police Chief SP Netramani Giri also pledged to launch an impartial investigation.

Victim Tribhuvan Sah expressed renewed hope:

“The door to justice has finally opened. After years of delay, we believe the truth will come out and those responsible will face action.”

The Gaur Massacre Explained

On March 21, 2007, both the Madhesi Janadhikar Forum and the Maoist-affiliated Madhesi Rastriya Mukti Morcha organized separate mass gatherings at the same venue in Gaur, just 100 meters apart.

Clashes broke out when Forum activists vandalized the Maoist stage, leading to a deadly confrontation involving sticks, firearms, and arson. With only 10 police officers deployed under a single inspector, security quickly collapsed. Victims’ bodies were later discovered in drains around the site, with the Red Cross assisting in recovery.

Former Forum chair Upendra Yadav has consistently claimed the incident was a defensive response against Maoist aggression. In contrast, former Maoist district leader Prabhu Sah (now Chair of Aam Janata Party) has demanded that the massacre be treated as a planned killing requiring prosecution.

Past Investigations and Suppressed Reports

Following public pressure, the government formed a high-level judicial probe panel on March 23, 2007 (9 Chaitra 2063 BS) under Justice Hari Prasad Ghimire, but its report was never made public.

In January 2023 (Poush 2079 BS), the NHRC released its own findings, labeling the massacre a “heinous, premeditated, and cruel crime” and recommending action against both Madhesi Janadhikar Forum and Maoist leadership. The NHRC also recommended departmental action against several senior police and administrative officials of that time.

Despite repeated directives, investigations stalled due to lack of political will. Victims continued protests and annual memorandums demanding justice.

What Happens Next?

With the Supreme Court order, authorities are now legally bound to investigate all 130 accused, including Yadav. While the court did not single out individuals, its mandate for impartial investigation is seen as a breakthrough for victims who waited nearly two decades.

Tribhuvan Sah said:

“We spent our lives without justice, but now at least the truth may finally come out.”