Rastriya Prajatantra Party (RPP) Senior Vice-chairman Rabindra Mishra and General Secretary Dhawal Shumsher Rana have not appeared in court despite being released on personal guarantee. However, it has emerged that they have been regularly attending party meetings.
Mishra is also the member secretary of the “Joint People's Movement Committee” led by Nawaraj Subedi, while Rana has been overseeing the mobilization of the movement within the committee. They were present at both meetings of the RPP’s central working committee held recently.
As Mishra and Rana did not appear in court despite being in the Kathmandu Valley, their lawyers and personal secretaries who stood as guarantors were fined a total of Rs 50,000, said Superintendent of Police Apil Raj Bohara at the District Police Range, Kathmandu.
In the eyes of the state, Mishra and Rana are absconding defendants. However, they have been regularly attending party meetings.
“They have been declared fugitives, and fines have been imposed for not appearing in court, but they have been regularly attending party meetings,” a source said.
Rana was present at the central working committee meeting held at the party’s central office in Dhumbarahi on June 3. Earlier, both Mishra and Rana attended the central working committee meeting held on May 31.
Mishra and Rana were arrested after the royalists’ protest held on March 28 at Tinkune in Kathmandu turned violent. They were later released on personal guarantee. Individuals released on personal guarantee are required to appear when summoned by the police or when a case is registered.
However, after both failed to appear, the investigation officer at the District Police Range, Kathmandu, imposed a fine of Rs 50,000 on their guarantors.
On April 20, the court decided to release Rana on personal guarantee for medical treatment. He traveled to Mumbai, India, on April 23 and returned to Nepal four days later. However, Rana has not appeared at public events since attending an event organized at Ratna Park by the Kamal Thapa-led RPP Nepal.
When releasing Rana, the District Government Attorney’s Office, Kathmandu, had handed him over to his wife and personal secretary. Police tried to contact Rana before registering the case on May 25. After failing to reach him, they inquired with his wife, who said that she was in Kathmandu and Rana was in Nepalgunj. As Rana remained out of contact, police fined his personal secretary Rs 50,000.
Similarly, the District Government Attorney’s Office and the District Police Range, Kathmandu, had initially refused to release Mishra on personal guarantee. His wife then filed a habeas corpus petition in the Supreme Court. On May 16, the court ordered Mishra’s release on personal guarantee after 50 days in detention.
Mishra was released under the guarantee of two lawyers, Shyam Bahadur Shahi and Basanta Blon. After Mishra failed to appear in court, both lawyers were fined Rs 50,000, according to police.
Neither Mishra nor Rana was present when the case was registered at the Kathmandu District Court on May 25.
According to Section 15 (4) of the Criminal Procedure Code, one can be fined if they do not appear during the registration of a case.
A bench of Judge Dhruba Raj Karki at the Kathmandu District Court is currently hearing the case, which was filed against 39 individuals.
The District Government Attorney’s Office, Kathmandu, filed the case against 50 individuals, including Mishra and Rana, charging them with offenses against the state, criminal mischief, and organized crime. Eleven of them, including Mishra and Rana, have been declared fugitives for not coming in contact.
The court began the detention hearing on Wednesday after it completed taking statements of 39 individuals. After the hearing, the judge will decide whether to detain them for further investigation or release them on bail.
A case was filed against 11 others on charges of criminal mischief in connection with the March 28 incident. The court ordered their release on bail.
The protest at Tinkune on March 28 was called by Durga Prasai, who was designated “People’s Commander” by the Subedi-led committee. The protest turned violent, resulting in two deaths, arson of government vehicles, a party office, and a herbal processing center.
Why have Mishra and Rana not appeared in court?
Despite attending party meetings, Mishra and Rana have a reason for not appearing in court. Sources say they are strategically avoiding court appearances to evade potential re-detention.
Police were required to produce Mishra and Rana before the court during the registration of the case, but they did not do so citing their inability to contact the two. When the case was registered, 39 individuals, including Durga Prasai, appeared in court. Detention hearing has already begun after their statements were completed.
Mishra and Rana could have appeared in court in the intervening period, which would have advanced their statement recording and detention hearing. However, if they appear now, their statement recording and detention hearing will start afresh. If they continue to avoid court, the matter will proceed as per the judicial process.
