In the debate on the habeas corpus petition being heard in the Supreme Court, senior advocate Tikaram Bhattarai mentioned that even the legal process was not followed when arresting the former Prime Minister and Home Minister of the country.
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The lawyers of former Prime Minister KP Sharma Oli and former Home Minister Ramesh Lekhak, who were arrested on charges of suppressing the Gen-G movement, have alleged that they were arrested on someone's orders and not on the basis of any complaint.
Arguing in the habeas corpus petition being heard in the Supreme Court, senior advocate Tikaram Bhattarai said that even the legal process was not followed when arresting a person who was also the country's former Prime Minister and Home Minister.
'When arresting a person who was a former Prime Minister and Home Minister, the procedures such as obtaining permission from the court, registering a complaint and informing the government prosecutor were not followed,' Bhattarai said. 'People who could flee the country and had no possibility of destroying evidence were arrested overnight only on the direct orders of Prime Minister Balendra Shah and Home Minister Sudhan Gurung. This is unconstitutional. He has been detained illegally.'
In the case being debated in the bench of Justices Binod Sharma and Sunil Kumar Pokharel, Bhattarai argued that an urgent arrest warrant was issued despite the court's permission to arrest him and that the warrant did not even specify whose complaint it was. He alleged that the government had not followed the normal procedure to be followed when arresting any person. The debate began at around 1 pm.
The former Justice Gauri Bahadur Karki Commission had recommended action against them under the Criminal Code for using force during the Gen-G protests on 23 and 24 Bhadra and for the deaths of children who took part in the protests. Based on this recommendation, the government arrested them on 14 Chaitra.
The district court has extended their remand by 5 and 3 days. After the district court extended the investigation period, the family filed a petition for custodial interrogation in the Supreme Court. The first hearing on the petition was held and a written response was ordered to be submitted within 3 days, while the second hearing has begun today.
Today, the writ petitioner will argue, while the government attorney will argue on Monday. Only then will the Supreme Court announce its decision. After senior advocate Bhattarai, Chandrakant Gyawali has started the argument. He has also argued that the arrest decision has no constitutional basis and the process has not been completed, so he should be released immediately and an investigation should be scheduled.
