Dr. Vijaya Prasad Mishra, President of the Nepal Bar Association, stated that the government’s decision to arrest former Prime Minister KP Sharma Oli and former Home Minister Ramesh Lekhak is beyond its jurisdiction. Mishra argued that the Karki Commission’s report is biased and that the cabinet does not have the authority to implement such a decision. He emphasized that the cabinet lacks the right to initiate legal proceedings and that the law should not be applied in a prejudiced manner.
Kathmandu, 15 Chaitra – The Nepal Bar Association has labeled the government’s decision to arrest former Prime Minister KP Sharma Oli and former Home Minister Ramesh Lekhak as prejudiced. Speaking at an inter-dialogue program held in Kathmandu on Sunday, Bar Association President Dr. Vijaya Prasad Mishra asserted that the government does not have the authority to execute the arrest decision through the Council of Ministers.
He claimed that the Karki Commission’s report itself contains biased elements and that the cabinet is not within its authority to enforce the decision. Mishra criticized the cabinet for unlawfully using its power to implement the report’s recommendations, calling it a wrong move.
He stated, ‘The cabinet’s role is to formulate policy, manage the budget, and maintain state peace and security. If a complaint is filed, the police conduct a preliminary investigation and submit a report to the Attorney General’s office. It is then the Attorney General who decides whether to proceed with a case or not. The cabinet does not have the authority to decide to prosecute a case. Therefore, this is bias. The law should not be used to keep individuals constantly under pressure and risk. This is a flawed report and unacceptable.’
President Mishra also clarified that there is no legal provision allowing the government to implement any commission’s report without the approval of the court.
