A writ petition was filed in the Tulsipur, Nepalgunj Bench of the High Court on April 2, 2006.
We use Google Cloud Translation Services. Google requires we provide the following disclaimer relating to use of this service:
This service may contain translations powered by Google. Google disclaims all warranties related to the translations, expressed or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
Stating that there is a legal provision to keep the identity of children accused of criminal acts confidential, the Nepalgunj High Court has issued an interim order not to make public the names, photos or videos of children taken into custody during the investigation.
The High Court Tulsipur, Nepalgunj bench issued the order on Thursday in accordance with Section 158(1) of the Civil Procedure Code, 2074 BS and Rule 42(1) of the High Court Rules, 2073 BS and directed the opposing bodies including the concerned police office to implement the order.
While conducting the preliminary hearing on the interim order, Judge Dal Bahadur KC of the same bench said, "What is wrong with this? If there is any basis, reason and evidence that the order should not be issued as per the petitioner's demand, submit it as well," and ordered the opposing parties to show cause.
The order came in the context of a public interest writ petition filed on the issues of fair trial, strengthening of the criminal justice system, effective implementation of juvenile justice, right to privacy and protection of the rights of detainees. A writ was filed on 2083 Baisakh 2 in the High Court, Tulsipur, Nepalgunj Bench, seeking an interim order and a mandate.
In the writ filed on the issue of public interest, advocate Basanta Gautam, Lumbini Province Coordinator of the Advocacy Forum, advocates Bishwajit Tiwari, Sunita Sharma, Bikash Acharya, Bal Bahadur Chand, Suresh Kumar Gautam, Kewal Singh Tharu, Shailendra Kumar Vaishya, Bhola Mahat of INSEC, and other legal practitioners and human rights activists are the petitioners.
The writ petition has named the District Administration Offices Banke and Bardiya, District Police Offices Banke and Bardiya, Land Reforms and Land Revenue Offices and Bardiya, Customs Office Nepalgunj, Division Forest Office, Bardiya National Park Thakurdwara, and other quasi-judicial bodies as respondents, as well as the Ministries of Finance, Home, Land Management, Cooperatives and Poverty Alleviation, and Law, Justice and Parliamentary Affairs of the Government of Nepal.
The petition alleges that actions such as making people arrested during the investigation public without proving their guilt, taking statements under duress in custody, and making videos and information revealing the identities of children have directly affected the presumption of innocence, right to privacy, and right to a fair trial.
