Even though a writ petition seeking a mandamus to investigate and prosecute CPN-UML Secretary Mahesh Basnet in a rape case has been dismissed, the door remains open for an investigation against him.
On Wednesday, a bench of Judges Somkanta Mainali and Keshav Prasad Adhikari at the Patan High Court dismissed the petition filed by Shobha Pathak.
"Since an order was already issued by the Kathmandu District Court on March 30, 2026, and the proceedings appear to be moving forward, there is no need to issue a writ of certiorari or mandamus as requested by the petitioner. Therefore, as the conditions requiring such an order do not exist, this writ petition is hereby quashed."
A government attorney explained that this means the case can proceed if the District Police Range, Kathmandu, uncovers additional evidence.
On March 30, the District Police Range had approached the Kathmandu District Court seeking an arrest warrant for Basnet on charges of rape and feticide. However, the district court declined to grant the warrant at the time, stating that the case was still sub judice at the high court.
However, a government attorney said that since Wednesday's high court order noted that "proceedings appear to be moving forward from the Kathmandu District Court," proceedings can still move forward through the police.
"Although the court dismissed the writ, it has not blocked the path for investigation," the government attorney said on the condition of anonymity.
Another government attorney explained that cases placed on hold can be revived at any time if new evidence is found.
"Being placed on hold means that if further evidence is found within the statute of limitations, the process can move forward. The high court simply ruled that it did not need to challenge the order to put the case on hold. If there is time within the statute of limitations and there is evidence, the case can proceed regardless of whether the high court explicitly says so," the government attorney added. "Even without a court order, when a case is put on hold, the relevant agency states that it can revive the case by a new decision if more evidence comes to light."
Pathak had filed a complaint against Basnet two years ago, accusing him of rape.
After investigating the complaint, the District Government Attorney's Office had initially decided to put the case on hold, citing a lack of sufficient evidence. Pathak then approached the Patan High Court against that decision, but her petition was dismissed.
Subsequently, Pathak filed a supplementary complaint accusing Basnet of rape and feticide. After investigating the supplementary complaint, the government attorney's office again decided not to prosecute. Pathak again approached the Patan High Court challenging the second decision, and that petition was also dismissed on Wednesday.
