Supreme Court Mandates 24-Hour Court Appearance for Detainees Even on Public Holidays

Kathmandu. The Supreme Court has issued a circular to all subordinate courts, mandating that individuals arrested must be presented before the judicial authority within the 24-hour period stipulated by the Constitution, even on public holidays.

The Supreme Court stated that this measure is intended to ensure the constitutional rights of citizens and prevent any obstruction in the judicial process.

Following a full court meeting on Friday, the circular was dispatched to all judicial bodies, including High Courts, benches, temporary benches, administrative courts, tribunals, special courts, labor courts, the Directorate of Judgment Execution, district courts, consumer courts, and juvenile courts.

Article 20, Clause (3) of the Constitution of Nepal states, 'An arrested person must be produced before the judicial authority within 24 hours of the arrest, excluding the time required for travel, and shall not be kept in custody without an order from such authority.'

However, with the government's recent decision to declare Saturdays and Sundays as public holidays, concerns were raised at the Supreme Court regarding the difficulty of presenting detainees in court within the specified timeframe during holidays. The Supreme Court issued this circular to address these practical challenges.

Subordinate courts have been directed to make necessary arrangements during holidays for arrest warrant permissions, approval of issued warrants, custody remand orders, and bail hearings. The Supreme Court has instructed these courts to make the necessary arrangements as provided by the Judicial Management Guidelines, 2075.