Supreme Court Orders Release of KP Sharma Oli and Ramesh Lekhak After Custodial Period
Kathmandu. The Supreme Court has issued a mandamus order for the release of CPN (UML) Chairman KP Sharma Oli and Nepali Congress leader Ramesh Lekhak from custody after Chaitra 25, following their detention for investigation into a homicide-related case.
A joint bench of Justices Binod Sharma and Sunil Kumar Pokharel issued the order on Monday. Since the 5-day remand period granted by the Kathmandu District Court expires on the 25th, the court has directed that they be released either upon the completion of the investigation within that period or immediately after the remand expires.
The court deemed the arrest process and the remand extensions to be 'in accordance with the law.' Therefore, while a writ of habeas corpus was not issued, the Supreme Court concluded that due to humanitarian and exceptional circumstances, continued detention for investigation is unnecessary.
The court's decision to order their release is primarily based on the fact that both Oli and Lekhak are currently observing mourning rituals following the passing of their parents, and that KP Sharma Oli is critically ill and undergoing treatment at the Teaching Hospital.
The order also notes that it would not be equitable to keep only Oli and Lekhak in custody, given that the then Kathmandu CDO Chabilal Rijal, who was arrested in connection with the same incident, has already been released on personal recognizance.
The court is of the opinion that since the main investigation, including the recording of statements, appears to have been completed, further proceedings can be conducted while they remain outside of custody.
According to the Supreme Court's order, the police must now conclude the investigation by or before Chaitra 25 and release them in accordance with Section 15 of the Criminal Procedure Code, 2074 (by releasing them on personal recognizance or bail).
They were arrested on Chaitra 14 in connection with the loss of life and property during protests held on Bhadra 23 and 24. Their wives, Radhika Shakya and Yashoda Lekhak, had filed the writ petition at the Supreme Court on their behalf.
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