The Patan High Court has upheld the order to release suspended Supreme Court section officer Mahiman Singh Bista on bail.
On May 19, the Kathmandu District Court had ordered Bista’s release on a bail of Rs 100,000 for pre-trial proceedings. The Patan High Court upheld this order on Thursday.
“The order dated May 19 to release Bista on a Rs 100,000 cash bail or property bond or bank guarantee for pre-trial proceedings does not appear to be improper and thus need not be changed. Proceed as per the law,” a bench of Justices Sudarshan Dev Bhatta and Kailash Prasad Subedi stated.
Bista himself had filed a petition in the high court, arguing that the district court’s order was incorrect and requesting release on personal recognizance.
Similarly, Resham Lal Chaudhary, patron of the Nagarik Unmukti Party, who was arrested due to Bista’s actions, had also filed a petition in the high court, demanding that Bista be detained for pre-trial proceedings.
The high court considered both petitions together before issuing its order.
Bisht was serving as a section officer in the case and writ section of the Supreme Court.
Claiming to be pained by the Tikapur incident, Bista misused the Supreme Court’s letterhead on April 30 to issue a letter to the police, directing the arrest of Chaudhary for enforcement of a court verdict. He delivered the letter to the Police Headquarters in Naxal.
On the same day, Chaudhary was arrested by police from the premises of Nepal Academy, where an event was scheduled to announce the unification of Nagarik Unmukti Party and Janamat Party, and sent to Dilli Bazar Prison.
The sudden arrest and imprisonment of Chaudhary raised suspicions about the Supreme Court’s letter. Later that day, the Supreme Court declared the letter unauthorized and wrote to the prison office to release Chaudhary. The court also directed the police to investigate Bista.