Lawyer Argues Against Arrest Warrants for Former PM Oli and Minister, Citing Security and Health

Kathmandu. Senior Advocate Dr. Bijay Prasad Mishra, President of the Nepal Bar Association, asserted that there is no basis for an urgent arrest warrant for former Prime Minister KP Sharma Oli and former Home Minister Ramesh Lekhak as they are already under security protection.

Arguing in the hearing of Oli's habeas corpus petition, Mishra stated that former Prime Minister Oli, who is unwell due to kidney disease, is in no condition to flee, nor does former Home Minister Lekhak appear to be in a position to abscond.

Mishra said, "The government has misused the urgent arrest warrant. This is an extremely sensitive matter." Stating that the government's prejudice is clearly visible, he argued that the basis for the District Court's remand extension cannot be considered legal.

The hearing on Oli's habeas corpus petition is ongoing in the bench of Supreme Court Justice Meghraj Pokharel.

Previously, Senior Advocate Tikaram Bhattarai had stated that the Council of Ministers cannot decide to arrest anyone. He contended that arresting former Prime Minister Oli based on an urgent arrest warrant was prima facie unconstitutional.

He argued, "Arresting selectively based on the Gauri Bahadur Karki Commission report is illegal." Bhattarai requested the judge to order the opposition to submit a written response within 24 hours.

Similarly, arguing in the habeas corpus writ, former Attorney General and Senior Advocate Ramesh Badal asserted that Oli should be released on personal guarantee (hajir jamani). Badal also suggested that a written response should be sought from the opposition within 24 hours.

Radhika Shakya, on behalf of Oli, filed the petition on Sunday demanding immediate release, alleging illegal detention for investigation into the events of the 'Janjati Movement' on Bhadra 23 and 24.

The Investigation Commission had recommended filing cases against them, holding them responsible for the crackdown during the 'Janjati Movement' on Bhadra 23 and 24. 

Based on the report of the Investigation Commission, the current government arrested the then Prime Minister Oli on Saturday.