Former PM KP Sharma Oli and Ramesh Lekhak Released from Custody Amid Ongoing Investigation

Kathmandu. Police have stated that while former Prime Minister and CPN-UML Chairman KP Sharma Oli and former Home Minister Ramesh Lekhak have been released from custody following a Supreme Court order, investigations against them remain ongoing.

A joint bench of Supreme Court Justices Binod Sharma and Sunil Kumar Pokharel issued the order on Chait 23 during a hearing on a habeas corpus petition, directing that no further remand be granted after the current term expired. The court did not, however, order an end to the investigation.

The court granted permission for the investigation to continue outside of custody under Section 15 of the Criminal Procedure Code, 2074. This provision allows an investigating officer, with the consent of the public prosecutor, to release an individual on personal bond or regular attendance if continued detention is deemed unnecessary. The court instructed that this process be applied to Oli and Lekhak.

The court concluded that since sufficient time had been provided for the investigation, it would not be 'just' to keep them in custody after the third five-day extension expired. Oli and Lekhak had previously been remanded for five days, then two days, and finally another five days.

The court specifically cited Oli's health and humanitarian grounds in granting the relief under Section 15, noting that he is currently receiving treatment at the Teaching Hospital. The court determined that it is more appropriate to conduct investigations outside of custody for individuals with serious health conditions rather than keeping them detained for extended periods.

Following the order, Oli was released into the custody of his wife, Radhika Shakya, and Lekhak into the custody of his wife, Yashoda Lekhak. While the Supreme Court did not declare the investigation into the two men illegal, it ordered that no further remand be granted. Based on this, the police decided to release them from custody without seeking further remand. They were released on personal bond 13 days after their arrest.

The Supreme Court had stated, 'Complete the process of releasing Oli and Lekhak from custody as per the Criminal Procedure Code and proceed with further investigation.' The court's order did not prohibit the investigation; rather, it urged for a swift conclusion or, if that was not possible, for the investigation to continue while they remained out of custody.

Spokesperson for the District Police Range, Kathmandu, SP Paban Bhattarai, confirmed that although both men were released on personal bond, the investigation remains active. 'We have released both of them on personal bond in compliance with the court's order,' Bhattarai told Ratopati. 'Being released from custody does not mean the investigation is over.'

SP Bhattarai clarified that while their statements have been recorded, further investigative work is still required. 'They have been released with the condition that they must appear when required for the investigation,' he said.

SP Bhattarai noted that it is too early to say how long the investigation will take. 'We will complete the investigation process according to the law,' he said. 'Once the police complete the investigation, the report will be sent to the Office of the District Attorney.'

With their release, the police are no longer under the obligation to submit an investigation report to the District Attorney's office within 25 days. If the police and the public prosecutor find sufficient evidence after the investigation, a case will be filed in the District Court. However, based on the police investigation, the District Attorney's office could also decide not to prosecute.

If the District Attorney's office decides not to prosecute, the decision must be approved by the High Government Attorney's Office and eventually the Office of the Attorney General. These higher offices have the authority to overturn such a decision. If a case is registered in the District Court, the legal process of bail hearings will begin. The court's order will then determine whether Oli and Lekhak will be sent to judicial custody or released on bail or regular attendance.

• What are the investigations against Oli and Lekhak regarding?

Oli and Lekhak are being investigated for homicide-related offenses, specifically allegations of negligence leading to the deaths of youths during the Gen-Z protests on Bhadra 23 and 24. They were arrested on Chait 14 based on recommendations from the Gauri Bahadur Karki inquiry commission, which was formed to investigate the events of those days.

Oli and Lekhak were recommended for prosecution under Sections 181 and 182 of the Criminal Code. Section 181 of the Criminal Code states that 'no one shall cause the death of another through negligent acts.'

After being brought to the Kathmandu Range, Oli was admitted to the TU Teaching Hospital due to health issues, while Lekhak was kept at the police's Maharajgunj No. 2 Battalion. The investigation process began after a remand was granted by the court on Chait 15, the day after their arrest.

After studying the report, the police recorded the statements of Oli and Lekhak in the presence of a public prosecutor. In his statement, Oli argued that controlling riots is not within the jurisdiction of the Prime Minister.

The police have also recorded the complaint filed by the victims' side and interviewed the families of the deceased. Purushottam Khatiwada had filed a formal complaint against Oli and Lekhak on behalf of the victims.

The investigation report will now also include statements from the injured. Procedural tasks such as crime scene inspection, body examination reports, and post-mortem reports have already been completed. Previous evidence collected is also expected to assist in the investigation.

The police still need to interview witnesses, collect written statements, and gather documentation from the doctors involved in the treatment. The police have yet to investigate how the incident on Bhadra 23 occurred and the circumstances that led to the use of force.

• UML MP Rekha Sharma investigated while out of custody

UML Lumbini Province MP Rekha Kumari Sharma, who was arrested on charges of child labor exploitation, was released on Chait 22 after the Kathmandu District Court ordered that the investigation proceed while she remained out of custody. The court issued this order as a previous decision had been made not to prosecute her for child labor exploitation.

Police stated that the investigation into Sharma is still ongoing. She was accused by the Kathmandu Metropolitan City of beating and torturing a minor girl she had employed as a domestic worker.

During a monitoring visit, the girl reported the abuse she had been subjected to. Based on this, the Metropolitan City rescued her and filed a complaint against MP Sharma with the police.

The then-government led by KP Sharma Oli had decided not to prosecute Sharma. With the formation of the new government, a new complaint was registered, and the investigation has moved forward.