Supreme Court Issues Show Cause Order in Ramesh Lekhak’s Release Plea
Image source, Nepal Photo Library
The Supreme Court has issued a show cause order regarding the writ petition seeking the release of former Home Minister Ramesh Lekhak.
The decision on other petitions seeking the release of former Prime Minister KP Sharma Oli is still pending.
Assistant Spokesperson of the Supreme Court, Nirajan Pandey, said, “A show cause order has been issued in one petition. The order in the other will also be issued today.”
Regarding the show cause order issued for the habeas corpus petition of former Home Minister Lekhak, he added, “With the issuance of the show cause order, the case will now be heard in a joint bench.”
The petition filed by Lekhak’s wife, Yashoda Lekhak, was heard in the bench of Justice Kumar Regmi.
The petition filed by former Prime Minister Oli’s wife, Radhika Shakya, was heard on Monday in the bench of Justice Meghraj Pokharel.
In both petitions, the Prime Minister and the Office of the Council of Ministers were named as respondents.
Image source, Nepal Photo Library/Reuters
Based on the recommendations of the commission led by Gauribahadur Karki to investigate the incidents of September 8 and 9, the government arrested Oli and Lekhak early Saturday morning.
On Sunday, Kathmandu District Court permitted five days of custody for both leaders to facilitate the investigation.
Their lawyers argue that the arrests of Oli and Lekhak were unlawful. Additionally, both leaders’ wives had filed habeas corpus petitions at the Supreme Court on Sunday.
Following the arrest of their chairman, CPN-UML has claimed the process is an act of political revenge and has been holding protests nationwide.
Permission Granted for Custody
Image source, BBC/Bijay Gajmer
The Kathmandu District Court heard the request to hold former Prime Minister Oli and former Home Minister Lekhak in custody for 10 days to facilitate investigation on Sunday.
Former Home Minister Lekhak was physically present in court, while former Prime Minister Oli, hospitalized at Tribhuvan University Teaching Hospital due to health issues, participated virtually in the proceedings.
Deepak Kumar Shrestha, the information officer of Kathmandu District Court, stated that the court permitted five days of custody according to Clause 14(6) of the Criminal Procedure Code, 2074.
The court order outlined that the custody was necessary for recording the accused’s statements, preparing statements from involved individuals, and reviewing the commission’s report on the incidents of September 8 and 9.
The order also stated, “Considering the weak health condition of accused KP Sharma Oli, this order aims to ensure effective treatment.”
Legal Arguments from Oli’s Team
Image source, Getty Images
The police informed that they had not started recording the leaders’ statements as of Sunday morning. Some legal professionals contend that the recent arrests were made in violation of due process.
Senior advocate Ramesh Badal, who served as Attorney General during Oli’s premiership, has contested the allegations, calling them politically motivated and has demanded the leaders’ release.
He argued, “The Gauribahadur Karki Commission’s report is controversial in itself. It states that neither the Prime Minister nor the ministers gave any directive, nor is there evidence of their involvement in the deadly incidents. However, administrative and police procedures hold the Prime Minister and Council of Ministers accountable.”
Badal added, “Based on the report’s contents, there appears to be no grounds to establish their involvement or hold them culpable at first glance.”
Lawyers representing both leaders also maintain that neither pose a flight risk and that detention is unnecessary.
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