Supreme Court Orders Release of Congress Leader Deepak Khadka, Citing Procedural Violations

Kathmandu. The Supreme Court has ruled that the detention of Congress leader Deepak Khadka, who was in custody on money laundering charges, failed to follow the legal methods and procedures mandated by law.

A joint bench of Acting Chief Justice Sapana Pradhan Malla and Justice Shrikant Poudel issued an order on Thursday for Khadka's immediate release, declaring his detention illegal.

Hearing a habeas corpus petition filed by Khadka's wife, Binita Thapa, the Supreme Court's brief order questioned the entire process, from the issuance of the 'urgent arrest warrant' to the subsequent extensions of his remand.

The court clarified that there was no sufficient basis or reason to keep Khadka in custody for investigation.

The order noted that the preliminary investigation report, prepared under Rule 38 (6) of the Money Laundering Prevention Regulations, 2081, showed no adverse records regarding Khadka's personal criminal activities, and no specific offense had been identified to date. Under these circumstances, the court concluded that his detention and the extension of his remand were unjustified.

Commenting on the arrest warrant, the Supreme Court stated, 'The basis and reasons for issuing an urgent arrest warrant against the petitioner were not evident. The authority to issue an urgent arrest warrant is not meant to be used in all situations, but only in cases of extreme necessity, according to established legal principles.' The court held that the warrant was issued without any objective basis to suggest that Khadka would flee or destroy evidence.

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Furthermore, the court viewed it as a serious error that Khadka was not provided with an arrest warrant when handed over to the Department of Revenue Investigation for money laundering inquiries, and that his remand was extended without presenting him before the relevant judicial authority.

The court concluded that since the Revenue Leakage (Investigation and Control) Act, 2052 allows for investigations to proceed without detention and permits the assessment and recovery of revenue, keeping him in custody was contrary to 'proper legal procedure'.

The Supreme Court has quashed the district court's orders regarding Khadka's detention and the remand extensions, ordering his immediate release.