To what extent could the police bring evidence when detained for three days? The court should look at the explanation given by the police while asking for an extension.
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Kailash Sirohia, the president of Kantipur Media Group, who was arrested as a revenge after writing a series of news reports about the involvement of the Home Minister in cooperative fraud, is now in the custody of the Dhanusha police on the basis of a citizenship complaint. Last Wednesday, the court extended the deadline and gave three days for investigation.
In this context, the edited part of Kantipur's conversation with former Supreme Court judge Balram KC:
The president of Kantipur Media Group, Kailash Sirohia, has been arrested and given three days to investigate. Court What is the basis for extension of time for investigation?
The current law is from the Panchayat period. People need to research the situation and Arresting after submitting to the court is to interfere with the evidence or escape. This is the belief all over the world. But if it happened to us, first stop and listen . Even though we have a democracy, this The style has not improved .
There is a word in English-'Flight Risk' which means to fly away . Therefore, it is to be kept in prison . There is no dispute that Sirohiyaji is a citizen of Nepal . Now the citizenship number of his name matches with the citizenship of another person and The date has changed.
'Home is where the heart is' ie Home is where the mind resides. He is a professional business man here . He is a distinguished man. He will not run away. The police should have collected all the evidence before taking action. Next, we agree with you that we will not try to detain you, but that you give us your national identity card, citizenship, passport to guarantee that you do not run away and that you confess to us, that you are always available for investigation You could also leave it to make a commitment . But what was seen was that he went to that office and caught him like a foreigner. It didn't go well .
In what cases will the court grant extension of time ?
The court is very tied up . I have asked for more time to investigate . This is not applicable in case of Sirohiyaji .
But there are some other complex issues and if the court does not give a deadline saying that they will investigate, and the person concerned runs away, the court should be held accountable for running away . Therefore, when there is a demand for an extension, the court will consider and grant the deadline .
There are 2 reasons for the court to set a deadline . Like, the one who will be present within 24 hours to see if the police have beaten you Is to check . And then giving a deadline is to give whether to interfere with the evidence . Sirohiyaji is not a person who interferes with Sabut.
President Sirohia is there a basis for investigation without being imprisoned? The
has a lot of basis . Investigate by keeping in custody Our The tradition remained . Only we carry such a legacy . What I am saying now is not an interference with the court, lest the court think so. But now, after being detained for three days, they had to do the work of searching the suspicious places, collecting evidence, etc.! You should be able to tell why the court did not investigate within three days! The police are asking for time to collect evidence! And that work had to be done in a day!
There is no obligation to investigate Sirohiyaji by arresting him. If there is a commercial criminal after being taken by the police, he will be detained only if evidence cannot be gathered in 2/4 days.
What should the judge look at when talking about the deadline in his case?
I saw the lawyer's detailed argument. There is one case, Shambhu Thapa was left in charge of the lawyer in the dissolution of the royal commission. But it was not always done, it was not always left to the responsibility of a particular person . If what the court can do, a document can be made that Sirohiyaji will not run away and will be present at the police if he wants to.
Sirohiyaji has loyalty to the country, he has contributed . I am not involved in any crime, so I do not see the need to be treated like other accused and suspected.
The police asked for time and added so many days And the judge will continue to add according to the method, right? What is the role of the judge in this? What should the judge look at and decide?
The court should look at 5 main things . One, it should be seen whether not incarceration interferes or not. Second, It should be seen whether he escapes if he is not detained. Thirdly, it should be seen whether another crime will be committed if not detained . Fourth, we should look at the impact on the society and the country if we don't keep them in prison. Fifth, if he escapes due to some omission, we should see what the problem is. These 5 bases are applicable to professional criminals. Applies to criminals, corrupt, murderers. I Don't see . He is a good man . As soon as he saw a black man, he did not doubt that he was a border man. People from the Marwari community are not to be seen, and people from the Terai community are also not to be seen here . Are they not Nepalese?
To what extent could the police bring evidence while being detained for three days? The court should look at the explanation given by the police while requesting extension. What should be noted is that it is not a long debate during detention. Through the government lawyer, you should be able to ask what more you did not collect in three days.
