Supreme Court Orders Immediate Release of Deepak Khadka Citing Legal Violations in Arrest and Detention Extension

April 16, Kathmandu – The Supreme Court has ruled that the arrest and extension of detention of former minister Deepak Khadka, held during an investigation into money laundering and tax evasion, violated legal procedures. The court has ordered his immediate release. A bench comprising Chief Justice Sapana Pradhan Malla and Justice Shrikant Paudel determined that the legal formalities were not properly followed when Khadka was detained, directing his production before the court.

In its order, the Supreme Court stated, “Based on established principles, the petitioner’s detention does not reflect compliance with due process. His arrest warrant and extension of detention lack legal validity. Since the investigation related to the complaint can be conducted from outside custody, permission from the concerned court should be obtained before allowing him to travel abroad, and he should be released immediately.”

Why the arrest and detention were deemed illegal

The court elaborated on significant legal errors committed during Khadka’s arrest and subsequent extension of detention. It noted that the arrest warrant issued by the police was misused to detain him. According to the court, warrants should only be issued under urgent circumstances such as risk of flight or evidence tampering, a rule that was violated in this case. The Supreme Court found that the District Court’s approval of the warrant lacked sufficient grounds. Furthermore, it pointed out that the preliminary report from the Department of Money Laundering indicated no conflicting criminal records for Khadka, nor has any criminal charge been confirmed to date. The judgment emphasized that detention is not justifiable without definite charges.

The Supreme Court also raised concerns regarding the extension of Khadka’s detention without presenting him before the court. It was found that during the extension granted by the Lalitpur District Court, Khadka was not brought before the prosecuting authority, nor was information about the extension provided to those detained. The court ruled that no substantial basis existed for continued detention. The order stated that requirements for detention during investigation were not established. Although charges under the Revenue Leakage Act were cited for the arrest, Khadka’s statement has not been recorded, nor has the arrest complied with Section 13 of the act. The court noted that this type of case could be investigated without custody. The recent amendment to the Revenue Leakage Act allowing fines and settlements was also highlighted.

The Supreme Court has therefore ordered Khadka’s immediate release and stipulated that he must obtain court permission before traveling abroad.