Supreme Court Orders Release of KP Sharma Oli and Ramesh Lekhak for Investigation

Kathmandu. The Supreme Court has ordered that former Prime Minister and CPN-UML Chairman KP Sharma Oli and former Home Minister Ramesh Lekhak be released from custody to continue the investigation if further detention is deemed unnecessary. A joint bench of judges Binod Sharma and Sunil Kumar Pokharel pointed towards the provision of release on personal recognizance under Section 15 of the Criminal Procedure Code, 2074.

The court has primarily based its decision on Section 15 of the Criminal Procedure Code, 2074. This section allows an investigating officer, with the consent of the public prosecutor, to release an individual on personal recognizance or bail if continued detention is not required for the investigation. The court has directed that this process be applied to Oli and Lekhak.

The court concluded that since sufficient time has been provided for the investigation, the critical tasks should be completed within the current 5-day extension, and further detention would not be 'justifiable'. Oli and Lekhak had previously been remanded for 5 days, 2 days, and another 5 days respectively.

The court specifically considered Oli's health condition and humanitarian aspects while granting the relief under Section 15. The court took note of KP Sharma Oli's health status and the fact that he is undergoing treatment at the Teaching Hospital. The court held that it is appropriate to proceed with the investigation outside of custody rather than keeping an individual with serious health issues in detention for a long period. Senior Advocate Agni Kharel, representing Oli, had informed the bench about his health condition.

It was highlighted that Oli has undergone two kidney transplants and is not in a condition to undergo another if an infection occurs, urging the court to treat a person with serious health problems with humanitarian consideration. Keeping this in mind, the court ordered that Oli be investigated while remaining outside of custody as per Section 15 of the Criminal Procedure Code, 2074.

Furthermore, Senior Advocate Radheshyam Adhikari drew the court's attention to the fact that Oli and Lekhak are individuals under security protection and cannot flee. The argument was that it is not justifiable to issue an urgent arrest warrant for individuals who are not in a position to flee, especially when they are observing mourning rituals after losing a parent. Considering this, the court noted that there is no evidence of the two individuals destroying evidence or fleeing, and thus they can be investigated while out of custody. The court indicated that as they are political figures, there is no objective basis to believe they would flee or destroy evidence, providing a basis for completing the remaining investigation while they are released from custody.

The final part of the order states: 'After the expiry of the third remand period, a mandamus order is issued to the opponents to immediately release the petitioners KP Sharma Oli and Ramesh Lekhak from custody after completing the process under Section 15 of the Criminal Procedure Code, 2074, and to complete the further investigation.'