The Kathmandu District Court has granted permission to keep former prime minister KP Sharma Oli and former home minister Ramesh Lekhak in custody for five days after they were arrested in connection with last year’s September 8 killings.
On Sunday, a bench of Judge Anand Shrestha granted permission to the police to detain Oli and Lekhak for five days, according to the court’s information officer Deepak Kumar Shrestha.
“In the present case, permission was sought to keep the defendants in police custody for the purpose of recording their statements, collecting statements from relevant individuals, documenting details of the incident, and studying and analyzing the report of the inquiry commission related to the events of September 8 and 9. As the request appeared reasonable, the court has granted permission to keep defendants KP Sharma Oli and Ramesh Lekhak in police custody for five days to carry out the aforementioned tasks,” the order states.
The order also directs that necessary medical treatment be arranged for Oli as he is currently hospitalized.
The inquiry commission formed to probe the incidents of September 8 and 9 had recommended investigation and prosecution against both individuals under Sections 181 and 182 of the National Penal Code, 2017.
They were arrested early Saturday morning after the first Cabinet meeting led by Prime Minister Balen Shah decided to implement the commission’s recommendations on Friday.
Former PM Oli has been admitted to Tribhuvan University Teaching Hospital in Maharajgunj. He is a kidney transplant patient and was hospitalized after irregularities were found in his heartbeat during tests.
On Sunday, police presented Oli before the court virtually from the hospital for the purpose of extending custody, while Lekhak appeared physically in court.
A habeas corpus petition has also been filed in the Supreme Court following their arrests.
The petition was filed by Oli’s wife Radhika Shakya and Lekhak’s wife Yashoda Lekhak. A hearing on the petition has been scheduled for Monday.
How long can Oli and Lekhak be kept in custody?
According to the National Criminal Procedure Code, 2017, police can detain suspects for up to 25 days with court approval while investigating homicide-related offenses.
An investigation report must be prepared and the case must be filed in court through the Government Attorney’s Office within that period.
During the Gen Z movement on September 8, youths were shot and killed when police used force.
Oli and Lekhak were arrested following the Cabinet’s decision to implement the report submitted by the inquiry commission led by former judge Gauri Bahadur Karki.
The report has recommended investigation against them under Sections 181 and 182 of the National Penal Code, 2017. Police said that both leaders will now be investigated under these charges.
Section 181 relates to causing death through negligent acts, while Section 182 relates to causing death through recklessness.
The offense of causing death through negligence carries a penalty of 3 to 10 years in prison and a fine ranging from Rs 30,000 to Rs 100,000. Similarly, causing death through recklessness carries a penalty of up to 3 years in prison and a fine of up to Rs 30,000.
The inquiry commission has made similar recommendations in the case of then-inspector general of police Chandra Kuber Khapung. However, the Cabinet decided to form a separate committee to study cases involving security personnel and act based on its recommendations. On this basis, Khapung has not been arrested.
