Court Grants Permission to Detain KP Oli and Ramesh Lekhak for Five Days
Photo source, RSS
The Kathmandu District Court has authorized the detention of former Prime Minister KP Sharma Oli and former Home Minister Ramesh Lekhak for five days to facilitate investigation.
Oli and Lekhak, arrested on Saturday based on the report of the commission formed to investigate the Jan G Movement, appeared in Kathmandu District Court on Sunday for a hearing on the police’s request for detention extension and arrest warrant.
Deepak Kumar Shrestha, information officer of the Kathmandu District Court, stated that the court granted permission to detain them for five days under Section 14(6) of the Muluki Criminal Procedure Code 2074. The order also mentioned, “Since defendant KP Sharma Oli is unwell, he has been admitted to the Tribhuvan University Teaching Hospital for effective treatment,” as part of the court’s directive.
The hearing took place before Judge Anand Shrestha regarding police’s request to keep former Prime Minister KP Sharma Oli and former Home Minister Ramesh Lekhak, arrested Saturday, in custody for ten days for further investigation.
According to officials, former Home Minister Lekhak was physically present at the court while former Prime Minister Oli, due to poor health, was admitted to Tribhuvan University Teaching Hospital and participated in the hearing virtually.
Three Arguments Presented by Lawyers for Oli and Lekhak in Court
Photo source, Reuters
During the hearing, senior advocate Ramesh Badal argued that KP Oli, as a former Attorney General, should be presumed innocent and accusations must be devoid of political bias. He requested their release.
Badal stated, “The Gauri Bahadur Karki Commission report itself is controversial. It notes that the Prime Minister and ministers did not issue any directives and were not involved in incidents leading to fatalities. However, it shows gross negligence as the police and administration actions were not unknown to the Prime Minister and Council of Ministers.”
He further said there is no basis to file criminal charges, given that the report does not show their involvement. “Even prima facie, no crime is evident.”
He assured that prosecution would not be biased and cited past examples where cases filed upon instructions from the Commission for the Investigation of Abuse of Authority were dismissed by courts.
Badal highlighted that the cabinet’s decisions were divided into two parts: one concerning armed security personnel, and another on those unarmed.
He added, “The security agency recommended further investigation while the government decided immediate action against others.”
Moreover, the Home Minister decided to take action against only two unarmed individuals, showing clear political motivation. Under such circumstances, the case cannot proceed.”
Badal also argued that because neither Oli nor Lekhak is likely to flee, detention is unnecessary.
Meanwhile, former Prime Minister Oli’s wife, Radhika Shakya, has filed a writ petition regarding direct prisoner inspection at the Supreme Court.
According to Supreme Court Co-Registrar Arjun Prasad Koirala, the hearing for this writ is scheduled for tomorrow.
Photo source, Reuters
Statement from Government Spokesperson
Former government spokesperson and Minister of Education, Science and Technology, Sashmit Pokharel, stated that the government did not arrest Oli and Lekhak due to political bias.
He said, “When our party went for elections, we pledged in the second point of our manifesto to implement the commission’s report. This is not new but a mandate received from the elected people.”
He added that implementation of the commission’s report was ongoing as per the manifesto, with the court and police completing due process. He denied any act of revenge against anyone.
On Saturday, the government issued a priority list including a commitment to form a commission to investigate the damage and destruction of public property that occurred on September 9 (Bhadra 24).
Particularly, political parties such as the Nepali Congress and CPN-UML have demanded accountability for those involved in the arson at Singha Durbar and the President’s Office on that date.