Human Rights Commission Raises Concerns Over Former Chief Justice Jabara’s Arrest
The National Human Rights Commission questioned the Chief of Police at the Central Crime Investigation Office following the arrest of former Chief Justice Cholendra Shamsher Jabara, citing a lack of clarification provided to the commission on the matter. The commission’s officials, who arrived for monitoring on Sunday afternoon, were reportedly denied entry into the police office. Senior Superintendent of Police (SSP) Santosh Khadka provided a statement to the commission, according to the commission’s Assistant Spokesperson Shyambabu Kafle. “He was questioned procedurally. It is currently just for information gathering. Since the investigation is ongoing, we do not have clear information about the incident,” Kafle said.
The commission sought a clear explanation from SSP Khadka regarding why the officials were barred from the police office. The issue arose after Jabara was arrested around midnight on Saturday and detained at the Teku police station. When the commission’s team arrived at Teku on Sunday, they were reportedly denied a meeting with the detainee, leading to an objection being raised. The commission immediately communicated with SSP Khadka, requesting his presence for questioning. Following this incident, opposition lawmakers raised concerns about the government’s conduct during Monday’s parliamentary session. The Supreme Court also expressed its serious concern over the incident where Jabara was taken from his home while sleeping, held for nearly 10 hours at Teku, and then released.
Jabara was reportedly apprehended by police officers on the night of October 10 while he was asleep at home and taken to the Kathmandu Valley Crime Investigation Office in Teku, where he was detained for about 10 hours before being handed over to his family. Attempts to obtain Jabara’s response regarding the incident have been unsuccessful so far. What did the Human Rights Commission inquire about? Under the National Human Rights Commission Act, 2011, and citing violations of constitutional and legal rights due to police obstruction, the commission issued a statement expressing regret over the incident. “To ensure an impartial investigation and to fulfill constitutional and legal duties, the commission has called on the government to take legal action against the police personnel involved in obstructing the commission’s work and to respect the commission’s constitutional and legal authority,” the statement noted.
SSP Khadka was questioned on Tuesday regarding the issue, the Assistant Spokesperson Kafle confirmed. Commission member Manoj Duwadi said that investigations into the arrest of former Chief Justice Jabara are ongoing, and no definitive statements can be made at this time. “Since the matter is still under investigation, immediate information is not available to us. The commission will provide updates as soon as conclusions are reached,” Kafle added. Meanwhile, on Monday, the Supreme Court convened an urgent full bench meeting and issued a statement expressing deep concern over the incident. “Although there is a strong possibility of arbitrariness in actions taken without following due legal procedures, democratic governance does not accept such conduct,” the statement affirmed.
Bipin Adhikari, a professor at Kathmandu University’s Department of Law, expressed concern over Jabara’s detention. “We cannot view Cholendra Shamsher merely as an individual; he is linked to the independence of the judiciary. Any action taken against him will impact judges currently performing their duties,” he stated. “It is unclear on what legal grounds this arrest was made. If there is no clear evidence to justify arrest, at least clarity should be provided upon release. No official information has been provided by the government on this matter.”
Before becoming Chief Justice, Jabara had already been surrounded by controversy due to his orders and rulings. During his tenure leading the judiciary, an impeachment motion was filed against him, resulting in his removal. Allegations against him included obstruction of judicial autonomy, corruption, protection of intermediaries, and involvement in political horse-trading. Some believe this incident is connected to his contentious past. However, Professor Adhikari emphasized, “Regardless of prior controversies, the manner in which this action was taken raises serious questions.” Opposition lawmakers questioned the government, saying, “It was claimed there was a threat from ‘Jan Sanji.’ In such a situation, should the person giving the threat be arrested or the one threatened?”