Request to Detain KP Oli and Ramesh Lekhak for 10 Days; Statements Allowed Only with Court Permission
Image source, Reuters
Following the request by the Office of the Government Attorney to hold former Prime Minister KP Sharma Oli and former Home Minister Ramesh Lekhak in custody for 10 days for investigation, a hearing on this matter is currently underway at the Kathmandu District Court.
Officials report that former Home Minister Lekhak has been brought before the court by the police.
Due to health reasons, former Prime Minister KP Sharma Oli, currently admitted to Tribhuvan University Teaching Hospital, is participating in court proceedings virtually.
According to Deepak Kumar Shrestha, the information officer of Kathmandu District Court, the court administration has fully prepared to facilitate Oli’s virtual appearance, connecting him online from the hospital.
Lekhak has been produced in court by the police, with dozens of lawyers signing up to represent him during the hearing.
Information officer Shrestha states that the court premises is crowded with legal professionals.
The Office of the Government Attorney has submitted a petition requesting that former Prime Minister Oli and former Home Minister Lekhak be held in custody for 10 days to facilitate investigation.
The court will first decide whether to validate the arrest warrants. Only after this decision will the court issue orders regarding any extension of the custody period for investigation, Shrestha explained.
What the Police Say
Image source, RSS
The Nepal Police stated that, as of now, no interrogation has been conducted with former Prime Minister KP Sharma Oli nor with former Home Minister Ramesh Lekhak.
They have indicated that after presenting the two individuals in court on Sunday, further investigative procedures will proceed.
The police had arrested Oli and Lekhak on Saturday morning following the recommendations of a high-level commission formed to investigate the use of force and damages during the indigenous peoples’ movement in Bhadra.
Following their arrests, Oli was taken to Tribhuvan University Teaching Hospital for a medical examination and has remained there due to health concerns.
Ramesh Lekhak, also a leader of the Nepali Congress, spent the night in police custody.
Following Oli’s arrest, his political party, the CPN-UML, has launched a nationwide protest campaign.
A senior legal expert affiliated with Oli’s camp has revealed plans to file a writ petition for habeas corpus with the Supreme Court on Sunday, seeking his release.
Deputy Superintendent of Police Pawan Kumar Bhattarai, also the spokesperson for Kathmandu Police, stated that the arrests were made based on the recommendations of the commission investigating the incidents on Bhadra 23 and 24, and this will be presented in court.
He said, “We bring them with charges. We operate according to the commission’s recommendations on Bhadra 23 and 24.”
He further noted that the police have not yet begun interrogations.
“They were taken into custody yesterday morning and brought in for processing. The first step is to present them in court, followed by judicial custody while investigations proceed,” explained DSP Bhattarai.
Oli, age 74, remains admitted at the teaching hospital after his medical examination.
Having undergone kidney transplantation previously, Oli is reportedly kept under medical supervision due to some health issues.
Image source, EPA/Shutterstock
Lekhak was taken to Kantipur Hospital for a medical checkup and later held at the Police Battalion No. 2 at Maharajgunj, according to police reports.
DSP Bhattarai reported, “Both are currently in stable condition. One had minor issues which require monitoring in the teaching hospital; the other has no health problems.”
Seven individuals were arrested following a CPN-UML protest in the capital on Saturday, all of whom were later released, police said.
Habeas Corpus Petition to be Filed
Image source, Nepal Photo Library
A lawyer who consulted Oli a day prior to the arrest has stated that three procedural errors were made during the arrests of the two leaders.
Senior Attorney Tikaram Bhattarai remarked, “First, a necessary arrest order was issued without court permission. Ordinarily, no one can be arrested without court approval, which is absent here.”
“Police issue such orders only in necessary situations like the accused fleeing or destroying evidence, neither of which applies here.”
The second error concerns the commission’s report. “The arrest based on a confidential report that has not been formally published raises questions about transparency and fairness,” he said.
“Third, even if the report is legitimate, it does not show orders given by Oli or Lekhak nor their presence at the scene, thus the recommended charges do not apply.”
On Saturday morning, Oli requested legal assistance to defend his case and plans to file a habeas corpus petition at the Supreme Court on Sunday.
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The commission’s report, leaked unofficially through media prior to its official release, implicates government leadership, noting a failure to take timely and necessary security measures despite being aware of the security situation.
It states, “Even after deaths caused by firing on Bhadra 23, no initiative was seen from then-Prime Minister and other responsible officials. Their negligent and indifferent behavior resulted in significant human losses.”
However, the authenticity of the report, shared only by media, has not been officially confirmed by relevant authorities.
The CPN-UML has announced plans to submit memoranda across district administration offices nationwide on Sunday, demanding the release of Oli.
