Supreme Court Orders Release of Businessman Durga Prasad Prasai

Kathmandu. The Supreme Court has ordered the release of businessman Durga Prasad Prasai. A joint bench of Justices Dr. Manoj Kumar Sharma and Meghraj Pokharel, hearing the habeas corpus writ filed on behalf of Prasai, ordered his release from custody.

The court based its primary ground on the right to personal liberty. The right to personal liberty guaranteed by Articles 17 and 20 of the Constitution of Nepal was taken as the main basis. The court determined that no one can be kept in custody without sufficient legal grounds.

The second ground cited by the court was that the justification for keeping any individual in custody must be proven. The verdict mentioned that there was no necessity to keep Prasai in custody to proceed with the investigation into the allegations against him (spreading rumors, disturbing public peace, etc.).

The third ground mentioned in the order was that no serious threat necessitating detention was observed. The court ruled that since there were no objective grounds to suggest Prasai would cause immediate serious harm or threat to society, prioritizing detention over investigation through normal legal procedures was not justifiable.

The fourth ground mentioned in the order concerned errors in the legal procedure of arrest. As claimed in the habeas corpus petition, the court indicated that the constitutional and legal rights were not fully observed during the process of arrest and remand extension.

The court issued this verdict on the writ filed by Uma Prasai on behalf of Prasai. Prasai had been arrested and held in custody by the District Police Range, Kathmandu, of the Nepal Police on various charges. He was accused of offenses against public peace, spreading misleading rumors, and violating the election code of conduct.

During the hearing, senior advocates Shambhu Thapa, Balkrishna Neupane, Raman Kumar Shrestha, and advocates Bikash Bhattarai, Kirtinath Sharma Paudel, among others, argued on behalf of the petitioner, while the Additional Attorney General argued on behalf of the government. The court ordered the immediate release of Prasai, stating that there were insufficient grounds and reasons to keep him in custody. However, the order mentioned that the investigation against him would continue as per the law.