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The judicial circle has said that the state's prosecution against the chairman of Kantipur Media Group, Kailash Sirohia, was malicious.
'The state should not act in a vindictive manner against individuals, it is against the principle of law,' former Supreme Court judge Balram KC said, 'Detaining someone without even giving them a chance to be heard is the revenge of the state and the more delay the government takes in correcting it, the more it will suffer. He said that the Minister of Home Affairs attacked the constitutional freedom of the press to avenge the news written by Kantipur on the subject of cooperative fraud.
Former judges are also of the opinion that the court should not support the vindictive case of the government. "This case is not a case that should be arrested and the court should not have given permission to keep it in custody," said Prakash Vasti, another former judge of the Supreme Court. And it is because a judicial discretion is needed that which one should not be arrested, the court will not approve what the police have taken.'
According to him, the principles of criminal justice cannot be followed if there is no compliance with the jurisprudential recognition and legal system in which cases to arrest and in which cases not to arrest. "If an accused person destroys evidence or runs away during the investigation of a case, he should be arrested," said Wasti, "Since the government has all the evidence required for the investigation against Sirohiyaji, he is not in a position to destroy it, and there is no possibility that he will run away, in that case the court will set a deadline." There is no need to do more.''
Similarly, another former judge of the Supreme Court, Ishwar Prasad Khatiwada, said that there is no binding rule that the accused should be detained and investigated. "In any case, there is no legal requirement that the accused should be detained and investigated," said Khatiwada, a former judge of the Supreme Court. The court will use discretion to evaluate whether or not to add
