Durga Prasai, coordinator of the Rastra, Rastriyata, Dharma, Sanskriti Tatha Nagarik Bachau Maha Abhiyan, has been released.
Prasai was released on Wednesday from the custody of the District Police Range, Kathmandu, following an order from the Supreme Court.
After being arrested on February 16, Prasai had filed a habeas corpus petition at the Supreme Court.
On Tuesday, a joint bench of Justices Manoj Kumar Sharma and Meghraj Pokharel ordered his release. However, police released him only on Wednesday, stating that the process had to be completed through the Government Attorney’s Office.
The Supreme Court also noted that the process of keeping Prasai in detention did not appear to be lawful.
"The act of detaining Prasai does not appear to be in accordance with the law, and it has been found to have seriously violated the petitioner's constitutionally guaranteed right to personal liberty. Therefore, a writ of habeas corpus is issued ordering the immediate release of petitioner Prasai from detention," the order stated.
An urgent arrest warrant was found to have been issued when police arrested Prasai on February 16. However, the court noted that the circumstances did not justify the issuance of such a warrant.
"In the present dispute, no situation appears to have been established for issuing an urgent arrest warrant according to law, and it should not be normalized and implemented. Even in the letter submitted by the District Police Range, Kathmandu, to the investigating officer on February 18 for approval of the urgent arrest warrant, no reason for issuing an urgent arrest warrant is mentioned," the order stated.
The court also observed that the investigating officer had not prepared a document with reasons when granting approval.
Additionally, regarding the statement Prasai issued on February 15, the court issued a mandamus ordering that if an investigation is necessary, it should be conducted by releasing him on bail, bond, or personal recognizance.
In his statement, Prasai had announced a nationwide indefinite shutdown starting February 20 if an agreement reached with the government was not implemented.
Earlier, on Monday, a bench of Justices Nahakul Subedi and Meghraj Pokharel had ordered the original file of the decision sent by the Election Commission to the police seeking investigation and action against Prasai to be presented before the court.
Prasai had filed the petition naming the District Police Range, Kathmandu, as the defendant.
In its written response to the Supreme Court, the District Police Range stated that Prasai was arrested on February 16 in accordance with the letter sent by the Election Commission.
A team from the District Police Range had arrested Prasai on February 16.
