Arguing in the custodial interrogation petition of Oli and Lekhak, they claimed that the detention cannot be called illegal as the investigation is ongoing due to the extension of the time limit granted by the Kathmandu District Court.
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The government lawyer has claimed that the detention of former Prime Minister KP Sharma Oli and former Home Minister Ramesh Lekhak is not illegal. Arguing on the custodial interrogation petition of Oli and Lekhak, they claimed that the detention cannot be called illegal as the investigation is ongoing after the extension of the term by the Kathmandu District Court.
In the ongoing argument before the bench of Justices Binod Sharma and Sunil Kumar Pokharel, Deputy Attorneys General Sanjiv Raj Regmi, Lokraj Parajuli, Khemraj Gyawali and Uddhav Prasad Pudasaini have argued on behalf of the government.
They have argued that the writ of custodial interrogation should be dismissed as the former Prime Minister and the common citizen are equal in the eyes of the state and the investigation is being carried out under the right to equality. In the hearing that began on Sunday, Deputy Attorney General Regmi had started the defense argument on behalf of the government on Monday. Regmi said that the former Prime Minister and Home Minister, who were responsible for the incidents of 23 and 24 Bhadra, should have been able to give orders not to use force. Why was it not given? How did the incident happen? He argued that it cannot be considered an illegal arrest since they were arrested to investigate the incident.
He argued that both were arrested only to investigate the incident of 23 Bhadra and that the court could not interfere since the charge sheet has not been registered yet. He claimed that the investigation was carried out based on the report given by the commission led by Gauri Bahadur Karki. After Regmi, Parajuli argued that everyone is equal in the face of justice and that the necessary arrest warrants were issued and that the court extended the time limit as soon as the court opened.
Parajuli argued that there was no situation where he was arrested and detained without giving any information, and that the district court had extended the time limit for 5 days the last time as well, so the application should be dismissed. After the verdict, Deputy Attorney General Khemraj Regmi argued. Regmi said that the Supreme Court had previously issued several petitions for custodial interrogation and that all necessary procedures had been followed during the arrest. Stating that the state can investigate not only the former Prime Minister and the former Home Minister but also anyone if there is suspicion, he said that the argument that ordinary citizens should be detained for investigation and that ordinary dates should be investigated based on those holding high positions is not in accordance with the principle of equal justice. After the government lawyer, some legal practitioners will argue in response on behalf of the petition. The bench will pronounce the decision after their reply. The bench is tightening the argument saying that the decision should be pronounced today.
Oli and the writer were arrested on 14 Chaitra.
