Supreme Court Orders Release of KP Sharma Oli and Ramesh Lekhak

Kathmandu. The Supreme Court has issued a mandamus order for the release of former Prime Minister KP Sharma Oli and Nepali Congress leader Ramesh Lekhak, who were in custody for investigation into a homicide-related case. A joint bench of Justices Binod Sharma and Sunil Kumar Pokharel issued the order on Monday.

While the court did not declare their arrests illegal, it provided four main reasons for ordering the government to conduct the investigation while keeping them out of custody. The court cited humanitarian grounds, noting that both KP Sharma Oli and Ramesh Lekhak are currently observing 'Ashauch' (mourning rituals) following the passing of their parents. The court concluded that keeping them in custody during such a sensitive period is inappropriate.

Regarding KP Oli's complex health condition, the court based its release order on a letter from the TU Teaching Hospital, which confirms that the petitioner is seriously ill, admitted to the hospital, and undergoing treatment under the direct supervision of a special medical team.

The court also recalled the principle of equal treatment, noting that former Kathmandu Chief District Officer (CDO) Chabilal Rijal, who was arrested in connection with the same incident, had already been released on personal recognizance. The order states that it would not be equitable to keep only Oli and Lekhak in custody when others involved in the same nature of the case have been released.

Regarding the progress of the investigation and statements, the court noted that upon reviewing the files, it appears that the main investigative tasks, including the recording of the defendants' statements, have already been completed. Since the statements have been taken and there is no risk of evidence being destroyed, the court opined that it is unnecessary to keep them in custody.

When will they be released?

The 5-day remand period recently extended by the Kathmandu District Court expires on Chait 25. According to the Supreme Court's mandamus, upon the expiration of the remand on Chait 25 or earlier, the investigation report must be submitted, and they must be released from custody immediately after completing the procedures under Section 15 of the Criminal Procedure Code, 2074 (personal recognizance or bail).

They were arrested on Chait 14 to investigate the human and physical damage that occurred during the Gen-Z protests on Bhadau 23 and 24. Their wives, Radhika Shakya and Yashoda Lekhak, had filed a writ petition in the Supreme Court against the detention.