SC directs authorities to ensure medical treatment for Durga Prasain

Kathmandu, November 28 — The Supreme Court has directed authorities to ensure medical treatment for medical entrepreneur Durga Prasain, who is in custody for investigation under the Electronic Transactions Act.

Prasain, who is battling cancer, will receive necessary medical care as ordered by the court, which rejected a habeas corpus petition filed on his behalf. The court emphasized the importance of addressing his health concerns due to the seriousness of his condition.

The bench of Justices Mahesh Sharma Paudel and Nityananda Pandey noted that when the Kathmandu District Court extended Prasain’s detention on November 24, it recognized his cancer diagnosis and instructed authorities to arrange appropriate medical treatment.

While the Supreme Court ruled that his detention was lawful, having been extended twice by the court for investigation into criminal offenses, it stressed that his right to health must be upheld.

The court found no grounds to issue a habeas corpus order but directed the investigative body to ensure necessary specialist care, considering the critical nature of his illness. This decision highlights the balance between lawful detention and the obligation to protect a detainee's right to health.