Supreme Court Orders No Arrest for Deuba Couple, Opens Path for Special Court

Kathmandu. The Supreme Court has taken a new turn in this case after issuing an interim order not to arrest former Prime Minister Sher Bahadur Deuba and his wife Arzu Rana Deuba.< /p>

The Supreme Court has not said that arrest is impossible, but has temporarily stopped it on the grounds of 'inadequate procedure' and 'lack of jurisdiction'. In such a situation, if the Department of Money Laundering Investigation goes to the Special Court, the path to issue a warrant and arrest will remain open.< /p>

The main essence of the Supreme Court's order is the question of jurisdiction. The ordinance of Baisakh 18, 2083 BS has given the Special Court the authority to hear money laundering cases. Since the Supreme Court has declared the permission given by the Kathmandu District Court as 'inactive', the path for the department to go to the Special Court for a new warrant is legally open.< /p>

The Supreme Court has considered the issue of not mentioning Arzu Rana Deuba's name in the previous investigation file, but only writing 'his wife', as a serious procedural error. Now, when the department requests a new warrant, Arzu's full name, surname, address, and clear identity will have to be disclosed. This is a minor technical correction but a mandatory legal condition.< /p>

The Supreme Court has raised the most important question on 'reasonable grounds'. According to Section 16 of the Prevention of Money Laundering Act, there must be concrete grounds for arrest, such as the person being absconding or destroying evidence. Now the department will have to convince the Special Court why the Deuba couple needs to be arrested. When going to the Special Court to obtain an arrest warrant, the department must show grounds that the Deuba couple is destroying evidence. On that second ground, they will have to show in the Special Court that they have absconded from the investigation and will not cooperate with the investigation. Political accusations or the 'money burning video' that went viral on social media may not be strong grounds for the court to issue an arrest warrant. The department will have to present more concrete and visible evidence than before.< /p>

The Supreme Court has clearly stated in its order that 'arrest should not be arbitrary'. This means that the Special Court will now meticulously examine the department's request. If the department requests a warrant again without sufficient evidence and legal arguments, the Special Court may not grant permission.< /p>

Even if a warrant is issued by the Special Court, the Deuba couple is currently abroad. To bring the Deuba couple back to Nepal, Interpol's assistance will be needed again. In the context of Interpol having previously rejected the red notice saying 'there is not enough evidence', the department must gather evidence according to international standards along with a new warrant.< /p>

If concrete evidence and reasonable grounds for arrest can be presented, the Special Court may issue a new arrest warrant. However, due to the Supreme Court questioning the procedure, it is not easy for the department to get an arrest warrant 'lightly' now.< /p>