The Supreme Court (SC) has issued a show-cause order in the habeas corpus petition filed on behalf of former home minister Ramesh Lekhak.
A single bench of Justice Kumar Regmi, conducting a hearing on Monday, issued the order in the name of the defendants.
According to the court's order, the defendants must submit a written response through the Office of the Attorney General within three days of receiving the notice, excluding travel time. The court has demanded clarification on why the order requested by the petitioner should not be issued and has specifically asked for the grounds and reasons.
Furthermore, the court has also ordered the authorities to clarify whether the conditions specified in Section 9(6) of the National Criminal Procedure Code 2017 were met at the time of the petitioner's arrest. Section 9(6) of the Code contains provisions regarding the issuance of urgent arrest warrants.
“Notwithstanding anything contained in sub-section (2), if a person who is not arrested at once or there is a reasonable ground
to believe that such person may abscond, escape or destroy the
evidence, exhibits or proof, such person shall be arrested immediately upon issuing an urgent warrant of arrest in the form referred to in Schedule-9, and the matter shall be submitted to the
adjudicating authority, along with the person so arrested, for permission,” Section 9(6) of the Code states.
The SC has also directed the authorities to disclose whether there were circumstances indicating that Lekhak might flee or destroy evidence, as per that section.
The bench has also sought for the inquiry commission's report and the original investigation file. The order states that the report submitted to the Government of Nepal by the commission formed to investigate the incidents occurring during the demonstrations on September 8 and 9, along with the original case file prepared during the investigation, must be presented through the Office of the Attorney General.
Lekhak's wife, Yashoda, filed the habeas corpus petition at the SC on Sunday, claiming that he was arrested illegally. Similarly, Radhika Shakya, the wife of former prime minister KP Sharma Oli, had also filed a petition at the Supreme Court against his arrest. In Oli's case, a hearing was conducted in the bench of Justice Megh Raj Pokharel. The bench has yet to issue any order though the hearing has concluded.
The Inquiry Commission led by former judge Gauri Bahadur Karki, formed to investigate the incidents of September 8 and 9, had recommended the investigation and prosecution of both Oli and Lekhak.
The commission recommended an investigation under Sections 181 and 182 of the National Penal Code 2017. Based on that recommendation, the government decided to implement the report on Friday. Immediately following that decision, police arrested Oli and Lekhak on Saturday morning.
On Sunday, the Kathmandu District Court granted permission to keep them in custody for five days to investigate offenses related to homicide.
