Senior Vice-chairman of the Rastriya Prajatantra Party (RPP), Rabindra Mishra, has filed a habeas corpus petition in the Supreme Court.
Mishra’s wife Sarika Karki filed the petition on his behalf in the court on Tuesday, claiming that Mishra is being unlawfully detained.
The Ministry of Home Affairs has been named as the defendant in the petition.
Mishra, also the member secretary of the “Joint People's Movement Committee” led by Nawaraj Subedi, was arrested on March 28. He has been in police custody since then.
On March 28, royalists held a protest led by Durga Prasai, who was designated “People’s Commander” by the Subedi-led committee, in Tinkune of Kathmandu.
The protest turned violent, resulting in the deaths of two people, and arson attacks on private homes, government vehicles, party offices, and a herb processing center.
Both the RPP and the Subedi-led committee had expressed their support for the protest organized by Prasai.
Police arrested Mishra on charges of involvement in the Tinkune incident and are investigating him with the court's permission.
RPP General Secretary Dhawal Shumsher Rana, also a member of the movement mobilization committee under the Subedi-led committee, was arrested along with Mishra. While Rana was released on personal guarantee for medical treatment, the police have continued their investigation against Mishra.
Police are investigating Mishra on charges of offenses against the state, organized crime, and criminal mischief.
Mishra's side argues that the police have not released him on personal guarantee even though his statement has already been recorded.
Hearing on the petition has been scheduled for Wednesday.
The RPP has been organizing various programs demanding Mishra's release, while a relay hunger strike has been ongoing in Jawalakhel of Lalitpur for the past 12 days.