Special Court Issues New Arrest Warrant; Deuba Couple May Face Arrest

May 24, Kathmandu – The Supreme Court on Monday issued an interim order directing that former Prime Minister Sher Bahadur Deuba and his wife, former Foreign Minister Arju Deuba, not be arrested, stating that the court issuing the arrest warrant lacked jurisdiction.

The former Prime Minister had approached the Supreme Court through his lawyers, challenging the arrest permit issued by the District Court as unlawful.

The new ordinance requires that arrest warrants related to the Assets Scrutiny Department be issued by the Special Court. However, the permit in question was obtained from the District Court.

The Supreme Court’s order prohibits arresting the Deuba couple based on the District Court’s permit. The police may arrest them only if a separate warrant is issued by the Special Court.

The bench, comprising Justices Mahesh Sharma Paudel and Nityanand Pandey, raised jurisdictional questions and granted the interim order not to arrest the couple.

The Supreme Court’s order stated, ‘An interim order has been issued in favor of the respondents directing that they not be arrested based on the arrest warrants issued by the Kathmandu District Court.’

On March 7, 2026, the Assets Scrutiny Department had obtained a permit from Kathmandu District Court for the arrest of former Prime Minister Deuba and his wife Arju Rana Deuba.

According to the Supreme Court’s order, Arju’s full name was not mentioned when the permit was requested and granted.

Jurisdiction Questions

After the arrest permit was valid, the government introduced a new ordinance published in the Nepal Gazette on April 30, 2026, which mandates that cases filed by the Assets Scrutiny Department be heard by the Special Court.

Under the Criminal Procedure Code, 2017, only the court hearing the case can grant an arrest permit.

The Supreme Court intervened to stop arrests based on District Court permits for individuals whose cases are in the Special Court.

The court’s interim order states, ‘Since the case is with the Special Court, the arrest permit issued by Kathmandu District Court on March 7, 2026, appears to be invalid.’

What About the Name?

The Supreme Court noted that while the former Prime Minister’s name appears in the investigation file, Arju’s full name was not recorded; she was simply referred to as ‘his wife.’

According to the Muluki Criminal Procedure Code, when requesting an arrest permit, details such as full name, address, identification details, and brief description of the offense are mandatory.

‘However, these legal procedures were not complied with when obtaining and granting permission from the department and the District Court,’ said the Supreme Court, ‘hence, the process does not meet the legally prescribed standards.’

Individuals may be detained if they jump bail, destroy evidence, or obstruct investigations, but the Supreme Court emphasized that arrests must follow the legal provisions of the law.

The court stated, ‘Arrests must be carried out only in accordance with legal procedure and cannot be done arbitrarily under any circumstances.’

So far, no arrest permit has been requested from the Special Court, nor has any warrant been issued by that court.

The government had previously sought Interpol’s assistance for Red Corner Notices against the Deuba couple based on the arrest warrant but Interpol delayed issuing notices due to insufficient evidence.

The Deuba couple faces allegations of unlawful acquisition of property through misuse of office. A video showing their home allegedly set on fire during the Janajati (GENJI) protest has gone viral on social media and is under investigation by the Assets Scrutiny Department.

The department is investigating by collecting the Deuba family’s property details and other evidence. Following the formation of the government headed by Prime Minister Balen, the court had issued the arrest permission.