The Supreme Court has ordered that former prime minister KP Sharma Oli and former home minister Ramesh Lekhak not be kept in custody further by extending their remand again.
On Monday, a bench of Justices Binod Sharma and Sunil Kumar Pokharel quashed the habeas corpus petitions filed on behalf of Oli and Lekhak. However, issuing a writ of mandamus, the court directed that the investigation be concluded without further extending the current (third) remand period.
"As per the Kathmandu District Court’s order effective from April 4, a five-day remand was granted for them for the third time. If a decision on whether or not to prosecute is reached within this period, proceed accordingly. If not, following the expiry of the third extension, release the petitioners KP Sharma Oli and Ramesh Lekhak from custody after completing due process and carry out further investigation as required," the order states.
Police arrested Oli and Lekhak from Bhaktapur on the morning of March 28. The inquiry commission formed to investigate the incidents of September 8 and 9 had recommended investigation and action against them.
A Cabinet meeting chaired by Prime Minister Balen Shah on March 27 decided to implement the commission's report. Oli and Lekhak were arrested following the decision. Both are currently in custody for investigation into offenses related to homicide.
During the investigation, police initially obtained a five-day remand on March 29. On April 2, the district court extended it by two more days. They were presented in court again on April 5, where a further five-day remand was granted, effective from April 4 and set to expire on April 8.
Why did the Supreme Court order no further extensions?
While quashing the habeas corpus petitions filed on behalf of Oli and Lekhak, the Supreme Court interpreted that their judicial custody could not be deemed "illegal."
However, it cited four specific reasons for not extending their remand further based on the case files.
First, the court noted that the then chief district officer of Kathmandu, Chhabi Lal Rijal, was released on the personal guarantee of his nephew.
Second, it cited that both individuals are currently in a period of ritual mourning following the passing of their parents (Oli's father and Lekhak's mother).
Third, the court stated that former PM Oli is currently admitted to Tribhuvan University Teaching Hospital and receiving treatment under the direct supervision of a specialized medical team, as confirmed by a letter from the hospital. Therefore, the court emphasized the need to conclude his investigation quickly.
Fourth, the court noted that the government attorney has already recorded the statements from both individuals.
