Former PM Oli, Ex-Home Minister Lekhak Arrested Over Inquiry Commission Findings; Legal Process Underway

Kathmandu. Following the arrest of former Prime Minister KP Sharma Oli and former Home Minister Ramesh Lekhak, there is widespread interest in how the subsequent legal process will unfold. Both individuals are scheduled to be presented before the Kathmandu District Court on Sunday, within 24 hours of their arrest.

Since both were arrested based on an arrest warrant issued on charges of 'causing death through negligence,' their detention must be endorsed by the court. The Muluki Criminal Procedure Code, 2074, stipulates that the police can seek a remand order from the court for up to 25 days to investigate offenses related to homicide. During this period, the investigation report must be prepared and the case filed in court through the government attorney's office.

Although the investigation commission led by former Justice Gauribahadur Karki concluded that the deaths were caused by 'negligence' on the part of Oli and Lekhak, experts in criminal law suggest that organized crime charges could also be applicable. The police will present both individuals to the Kathmandu District Court on Sunday to seek a remand extension. If the court grants permission to detain them for investigation, the police will hold Oli and Lekhak in custody for further questioning under an extended remand. If the court denies permission, both might be released tomorrow. However, even if released, the investigation against them will not cease. If the court endorses the warrant, the government lawyer will then request a remand period to keep Oli and Lekhak in custody for further investigation.

When presented to the court for remand extension to detain them for investigation, the lawyers for Oli and Lekhak will have the right to challenge the justification for the extension at every stage in court. The police stated that the investigation into the homicide charges against them is based on evidence such as the Karki Commission's report, the Cabinet decision to implement it, the specific complaint filed by the Home Ministry itself, post-mortem reports of the deceased, site inspection memos, and CCTV footage.

The Karki Commission's report recommended investigation under Sections 181 and 182 of the Muluki Criminal Code, 2074. The police have indicated that the investigation against these two leaders will proceed under these specific offenses. Section 181 pertains to the offense of causing death through negligent work, carrying a penalty of 3 to 10 years imprisonment and a fine ranging from NPR 30,000 to NPR 100,000. Section 182 pertains to the offense of causing death through carelessness, carrying a penalty of up to 3 years imprisonment and a fine of up to NPR 30,000.

The police arrested Oli and Lekhak on Saturday morning in the process of implementing the report submitted by the commission led by former Justice Gauribahadur Karki, which was formed to ascertain the facts regarding the Jyanji movement. The Karki Commission had recommended investigation and prosecution against the then Prime Minister Oli, then Home Minister Lekhak, and the then Inspector General of Nepal Police, Chandra Kuber Khapung, alleging that deaths occurred during the Jyanji movement due to negligence and carelessness.

Furthermore, recommendations were made to investigate then Home Secretary Gokulmani Duwadi, Armed Police Force Inspector General Raju Aryal, then Chief of the National Investigation Department Hutraj Thapa, and then CDO of Kathmandu Chabilal Rijal for criminal offenses under the charge of carelessness.

The Cabinet meeting held on Friday decided to form a task force to study the aspects of the Karki Commission's report involving security personnel, and to immediately implement the remaining recommendations. Following this decision, the police issued an urgent arrest warrant and apprehended Oli and Lekhak on Saturday morning.