"The audio case should be investigated by taking the victim into confidence"

Khagendra Sunar, Member of Parliament of Rashtriya Swatantra Party (RASWPA), has been in controversy after the inaudible audio was released. The ruling RSWP has said that it has proceeded with the investigation on this matter. Sunar has been banned from public events. But constitutional legal experts and crime investigation experts are insisting that the government should investigate this matter. Their demand is to investigate issues such as threats, blackmailing, child violence, caste violence, sexual violence, etc. while ensuring the safety of the victims. We have had a brief conversation with the retired Deputy Inspector General of Police (DIG) Hemant Malla of Nepal Police on this matter.

Did you hear the audio of Khagendra Sunar, MP of Rashtriya Swatantra Party?

The police service has a long experience here. Is the language expressed in the audio appealing to the legal side?

It should be looked at from two different angles. From a legal and criminal point of view, listening looks like a threat. There may also be aspects of crime involving children. Similarly, the subject of blackmailing also appears. I have found that the related party has also proceeded with the investigation.

Is this a matter that can be resolved politically or can it involve a police investigation? Even if an ordinary citizen, not an MP, said this, would the law be attracted?

Whichever level the person spoke, the law was attracted. Actions taken by the party as its members are a different matter.

But there is another legal problem here. If it is a crime where a person has been threatened or blackmailed, it may not be easy to proceed with the process until the victim comes forward. Not all crimes can be put in the same category. In crimes like murder, even if the victim does not file a complaint, the state can proceed with the investigation. But the role of the victim is important in this.

There is a provision that some issues such as violence against women, violence against children or caste violence will be governmental. Does that rule apply to it or not?

Aspects related to women or children may be associated. But the investigation finally finds out who the victim is. Even when the case reaches the court, the question of the victim comes up. So don't rush it.

There is also talk that the audio may be from a few years ago. In such an event, the question of limitation comes?

The statute of limitations also varies for different crimes. Some may be two years and some may be up to 20 years. Although the incident is old, it became public only yesterday. Therefore, from the day on which the public information came, the limitation period is calculated from that date.

What if the victim does not want to come forward?

The most important role in this is the victim. The victim may not want to come forward publicly due to insecurity or fear. The government or the investigating agency must take the victim into confidence and ensure their safety during and after the investigation.

Confidentiality arrangements may also be used. Not all victims want to go public. Other people may be connected to the incident or others may have evidence. They may not come forward due to fear. Therefore, the safety and privacy of the victim should be taken into consideration while continuing the investigation.

The manner in which the respect of the police at different levels has been done is another matter of investigation. This is affecting the dignity of MPs as well as law enforcement agencies.

In the parliamentary committee, Khagendra Sunar and the police chief had a kind of fight. Some say the audio may have been released out of revenge. What do you think of the audio, public debates and rebuttals?

I think these events just happened to happen one after the other. A matter related to him and the Inspector General of Police was taken up in the parliamentary committee, after which the audio was released. It seems like the roar of a tiger and the loss of a goat.

If the audio is recorded, it must be in someone's possession and may have gotten out for some reason. Kishore Shresthaji's media has also reported such news in the past.

But I don't think it was given by the police. Bringing out such content can harm not only the organization but also the individual.

MP Sunar said the audio could have been created by AI. Is it possible to make such audio with current technology?

I have personally experienced that using AI does not allow certain types of slang or content to be prepared. But on that basis no conclusion can be drawn whether any audio is made by AI or not. Technical testing is required for that.

Whether it is created by AI or not can be tested in the police's digital forensics lab. If it is claimed that the voice does not belong to the person concerned, it can also be checked with voice analysis technology. Therefore, I think that the police have the ability to move forward from the point of view of technical examination.

What path should the investigating agency take now?

Initial investigation should be done by taking the victim into confidence. In our society, as soon as an issue arises, there is an urge to arrest a person or give severe punishment. Don't get into it. Research must follow its own process and proceed on the basis of evidence.

On the other side, the behavior and expression of some parliamentarians is reducing the dignity of the parliament, government and the relevant party. It is important to pay attention to this aspect as well.