NATIONAL HUMAN RIGHTS COMMISSION a devastating incident in the school. Hence, it has established the Maoists as seriously responsible for the incident as their move contravened the international humanitarian laws enshrined in the Common Article 3 of the Geneva Conventions. On the other hand, the security forces also were to blame for not abiding by the laws and other legal procedures related to security operation. The laws in Nepal have provided for certain legal procedures, among others, for having a search warrant duly issued by the authorised officer. The Royal Nepal Army furnished no reply to the inquiry as to what legal provisions was the operation launched under. Therefore, it was clear that the security forces failed to observe even minimum pre-caution and forbearance and opened fire indiscriminately at the mass of the cultural programme, despite the repeated humble plea of the students after declaring their identity. The armymen even gave no chance for surrendering, to the so-called Maoists. As a result, six Maoists and four innocent school students were killed, and another five students severely injured. Hence, in view of the existing laws vis-à-vis facts relating to the incident, the security forces’ operation is clearly seen as gross negligence. It has not only violated the existing laws of land, international humanitarian laws, and human rights, but also resulted in what has been described as crime in Nepalese laws. Therefore, the Commission decided to advise the HMG with the recommendation that action be taken against those responsible for the incident through investigation into it, and appropriate, immediate relief be provided to the families of the victimised students. In addition, the Commission decided to give a written direction to the concerned authorities of the government reminding and alerting them that no security operation must contravene the existing laws, and infringe any basic right guaranteed by the Constitution, so that security forces should not repeat such incidents in future. S. No. Date of decision Meeting No. Decision No. 5 25 November 2003 60 7 Details of the decision : No response has been received from the Ministry of Defence and Home Ministry as the Commission inquired them the fact about the shooting at and killing Rajiv Shrestha driving a car with licence Plate No. Ba. 1 Ja 3948 that reportedly knocked a military vehicle carrying military school students on 6 November 2003. But, the media reported that the military probe committee had recommended for court martial by a military court against the army involved in the murder of Shrestha. Since a murder of a civilian by army personnel, as per the Military Act, 2016 BS, Section 61, does not fall within the jurisdiction of the Military Court, but explicitly with the Civil Court, the Commission decided to advise the government with the recommendation to immediately put it into appropriate legal action. 34