KATHMANDU: The case of the death of Nirmala Kurmi of Banke, who is alleged to have been murdered after abduction, has resurfaced in public discourse. The issue gained renewed attention after rights activist Ruby Khan began a fast unto death, demanding that the long-unresolved death mystery, which has remained under dispute for five and a half years, be taken to court and properly adjudicated.

Khan has been on a fast-unto-death since April 28. She initially staged the hunger strike near the entrance of the District Administration Office, Banke, but was later taken to Sanjeevani Medical College in Nepalgunj after her health deteriorated. Her fast continues even in the hospital.

It was confirmed that Nirmala, who went missing on February 8, 2019, died on December 29. Claiming that she was abducted and murdered and that her property was also embezzled in connection with the case, rights activists, including Khan, have repeatedly launched protests demanding a thorough investigation. They have urged police and administrative authorities to forward the case into judicial proceedings. However, police state that they have been unable to establish the legal basis or gather concrete evidence required to proceed.

On April 2, 2021, the Women’s Rights Forum, Banke, filed a complaint at the District Police Office, Banke, alleging that Nirmala was murdered after abduction. The complaint remains under consideration. It names Nepali Congress leader and Lumbini Province Assembly Member Badshah Kurmi, along with Krishna Murari Singh, Kuwar Babban Singh, Urmila Kanojiya, Ammarlal Kurmi, Dhirendra Singh, Ramesh Thapa, and Parvati Bista. However, police say there is no evidence to substantiate the allegations against them, and the investigation has not moved forward.

The police see no other option in Nirmala’s death case besides turning over and looking at the past investigation reports. The Chief of Banke Police, Superintendent of Police Angur GC, says, “As mentioned in the complaint, evidence is not enough to investigate the abduction and homicide case; the case cannot be established.”

Ruby Khan. Photo courtesy: Ruby Khan

According to GC, the District Police Office, Banke, and a team from the Central Investigation Bureau (CIB) had investigated Nirmala’s death case in the past. He states that even the CIB team did not find a legal basis to investigate abduction and murder. Nevertheless, the CIB had given an opinion that an investigation could be conducted on the offense of cheating and criminal gain. Since the limitation period (one year) to file a case on the said offense has already expired, GC states he is in legal consultation. “Consultation is ongoing with the government attorney on how to conduct the investigation of the offense of cheating and criminal breach of trust whose limitation period has already expired,” he says.

What is the Nirmala Kurmi death case?

The Nirmala death case, which has been a mystery for a long time, comes to the center of national debate and discussion occasionally. Ever since rights activist Khan started the agitation and fast, this case has been becoming a subject of debate.

While sitting on a dharna for Nirmala’s justice, Khan was caught after being given an emergency arrest warrant. However, the police have been denying this. “Initially, Ruby was arrested on April 28 on the offense of attempting to disturb peace and order regarding the matter of beating a teacher; as soon as she was freed from police custody on April 30, she has been sitting on a fast, saying it is for Nirmala’s justice,” Superintendent of Police GC says. “No matter how the incident is raised, we have not closed the file of Nirmala’s death case. There are also examples where the mystery of such incidents was discovered after a long time.”

Nirmala is a single woman of Nepalgunj Sub-Metropolitan City-17. Her husband, Mahalu Kurmi, died in the fiscal year 2005/06. Born in India, she appears to have taken naturalized citizenship in Nepal after marriage to Mahalu.

According to the police, Nirmala had two sons. In late 2009, four years after their father passed away, both sons died. It has been revealed from the police investigation that sons Ramsagar and Suresh died within a difference of 10 days. However, did they both pass away consecutively within a difference of 10 days without any disease or illness? An investigation has not been conducted regarding that. The police claim that their deaths have not been found in any government records.

Devastated after the death of her husband and both sons, Nirmala was in Banke itself for two years. In the fiscal year 2011/12, she married for the second time to Arjun Kurmi of Jagannathpur, India. Since her land and property were in Nepal, she used to travel back and forth between Nepal and India.

On the night of February 8, 2019, however, she went missing all of a sudden. The police received information during the course of the investigation that the confirmation of her death took place on December 28, 2020, in Jagannathpur itself. However, the police say that the funeral rites of the corpse were performed in India itself without ensuring the cause of death. “The funeral rites have been performed without conducting a postmortem of the corpse,” GC says. “In the case where the death occurred in India, it appears that a complaint was filed in Nepal stating that a murder took place after abduction.”

When a detailed complaint naming Nepali individuals involved in an incident that occurred in India came, the police did not register it. After the victim’s side reached the government attorney, the police registered the complaint. Any agency of the government of India located around Jagannathpur could not provide documents showing a postmortem was conducted. The Banke Police fell into confusion. On this side, in the first week of October of the year 2021, a team of women led by rights activist Khan came to Kathmandu walking barefoot from Nepalgunj and sat on a fast at Maitighar Mandala. After sitting on a fast for a long time, talks took place with the Ministry of Home Affairs on January 4, 2022. Following the ministry’s directive, a team from the police’s CIB reached Banke a couple of weeks after.

Investigation fails to uncover evidence

A four-member team led by the then Superintendent of Police (SP) Kamal Thapa of the CIB went to Nepalgunj to investigate the mysterious death of Nirmala Kurmi. The investigation team reached Jagannathpur of India. Even the CIB team did not find a legal basis to investigate the complaint of Nirmala’s murder after abduction. It submitted a report to the District Police Office, Banke itself, stating that an investigation could be conducted regarding a possible ‘conspiracy’ on matters connected with Nirmala’s property.

Arjun, who married Nirmala, does daily wage labor in India. The police reached India searching for Arjun. However, they returned after they could not find any ‘clue’ from him.

The CIB investigation says that Nirmala came to Nepal in the fiscal year 2012/13, within one year of marriage. Around that very time, the land and property remaining in her husband’s name appear to have been transferred to another person’s name. On the basis of the circumstances connected with the property and the transferred documents, the investigation team appears convinced that Nirmala’s death occurred due to financial reasons. However, the police have not been able to find strong evidence confirming this.

After her husband passed away, Nirmala had 364500 square feet of land. Out of that, 7290 square feet appear to have been transferred into the name of Zubeda Darji (Idris), the wife of neighbor Nizamuddin Darji (Idris). The remaining 320760 square feet of land appear to have been transferred into the name of Ratna Thapa, the wife of businessman Ramesh Thapa. “The claim in the complaint is that she was abducted and murdered out of greed for the land coming in Nirmala’s name, but there is no basis or evidence that can establish the offense,” GC says.

After receiving the report of the CIB team, Banke police had requested the documents of Nirmala’s death. Police headquarters had corresponded with India through the embassy. “However, no document has come from India,” GC says.