Leaders Arrested, Released by Court Due to Lack of Evidence

Kathmandu. In the three months since the government was formed under the leadership of Balendra Shah, various leaders of political parties have been arrested, but the court has been releasing them citing lack of arrest process and evidence.

On the second day of the government's formation, former Prime Minister and CPN-UML Chairman KP Sharma Oli and former Home Minister Ramesh Lekhak were arrested from their homes with urgent arrest warrants issued on Chaitra 14, 2082 BS.

The police arrested both individuals in accordance with the decision to implement the report of the Gauribahadur Karki Commission formed to investigate the events of the Jenji movement on Bhadra 23 and 24, 2082 BS. On Chaitra 15, Yashoda Lekhak on behalf of Congress leader and former Home Minister Lekhak, who was arrested for investigation into the Jenji movement events of Bhadra 23 and 24, and Radhika Shakya on behalf of Oli, filed a writ.

The Supreme Court on Chaitra 23, 2082 BS, ordered that Oli and Lekhak be investigated while remaining outside if there was no other reason to keep them in custody. A joint bench of Justices Binod Sharma and Sunil Kumar Pokharel ordered both to be released on bail in accordance with Section 15 of the Muluki Criminal Procedure Code, 2074 BS.

The court primarily based its decision on Section 15 of the Muluki Criminal Procedure Code, 2074 BS. This section provides that if it is not necessary to keep a person in custody for investigation, the investigating officer can release them on bail or on bail with the consent of the public prosecutor.

The court's conclusion is that sufficient time has been given for the investigation, and important investigative tasks will be completed within the third extended period of 5 days, after which it would not be 'just' to keep them in custody.

Former Attorney General and senior advocate Ramesh Badal drew attention to the fact that Oli has undergone kidney transplants twice and cannot undergo another if infected, and that courts should treat individuals with serious health problems with humanity. Keeping this in mind, the court instructed the police to investigate Oli outside of custody in accordance with Section 15 of the Muluki Criminal Procedure Code, 2074 BS.

The final part of the order states: