Police have yet to launch a formal investigation into an audio recording allegedly featuring Khagendra Sunar, a lawmaker from the ruling Rastriya Swatantra Party, despite mounting controversy over its contents.
RSP General Secretary Bipin Acharya said in a statement that the allegations against Sunar were serious and sensitive and that he had already instructed the party to initiate an investigation. Hari Chandra Bhattarai, deputy chief of the party’s disciplinary commission, also told Kantipur that an inquiry into the ‘highly sensitive matter’ had begun.
Nepal Police, however, is waiting for a formal complaint before proceeding with an investigation.
Abi Narayan Kafle, the police spokesperson, said no formal complaint had been filed with any police unit. “There are certain legal requirements for conducting a formal investigation. We have to proceed in accordance with the law once a complaint is filed,” Kafle told Kantipur. “Nevertheless, we are making inquiries through various channels regarding the issues that have surfaced publicly.”
Police said that, if a complaint is filed, they would examine the authenticity of the audio recording and, if necessary, arrest the individuals concerned as part of the investigation.
According to advocate Radhika Khatiwada, if the recording is verified as Sunar’s voice, the case could be investigated under the Electronic Transactions Act 2006. “Otherwise, a person can directly approach the court in a defamation case. But, in terms of a criminal offence, the Electronic Transactions Act appears to be the applicable law,” Khatiwada said. “To initiate an investigation under the act, someone claiming to be a victim must file a complaint.”
A case may also proceed on the basis of a police report when the victim is a minor, has no guardian or has a disability, she said. In the present case, however, she believes a complaint from the alleged victim is necessary. “Since a minor’s voice can also be heard in the recording, the child’s guardian or a relative could also file a complaint,” Khatiwada added.
On Monday, Jana Aastha published a report headlined “RSP lawmaker Khagendra Sunar embroiled in another controversy: Threats to kill former minister, extortion (with audio and banking transaction details)”.
The recording, attributed to Sunar, appears to contain a man hurling sexually explicit abuse at a woman.
Sunar, for his part, issued a video statement claiming that he was being targeted in an attempt to discredit him for raising questions about alleged irregularities in the procurement of uniforms. He alleged that the audio had been created using “AI and other technologies”.