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Supreme Court Permits Bail for Balen Shah Considering His Role and Responsibilities

The Supreme Court has granted bail to Chief Minister Balen Shah in a contempt of court case, acknowledging his official duties. Shah had requested bail, citing his role as Prime Minister that prevents him from appearing personally in court. Earlier, bail was denied due to comments related to the court’s role made on social media. Kathmandu, 18 April.

The Supreme Court issued an order allowing bail in the contempt case against Balen Shah, considering his official responsibilities and role. Shah had filed a petition in the Supreme Court seeking bail. The bench, comprising Justices Hari Phuyal and Shanti Singh Thapa, acknowledged Shah’s consistent attendance at court and accepted the necessity of his present official duties, thus granting bail.

“On 10 July 2023, this court ordered the presence of the accused. Accordingly, Balen Shah has been continuously appearing before the court as scheduled,” the Supreme Court stated in its order. “Taking into account Balen Shah’s current role and responsibilities, bail has been permitted as per the petition.” Shah requested bail asserting that personally appearing in the case as Prime Minister would affect the principle of separation, control, and balance of powers.

The dispute arose when Mayor Shah of Kathmandu Metropolitan City halted the screening of an Indian film containing controversial content related to Nepal. In response, Patan High Court issued an interim order. On 22 June 2023, after public comments on social media supporting the court’s role, Barsha Kumari Jha filed a petition demanding contempt proceedings against Mayor Shah. After submitting a written response, Mayor Shah requested arrangements to appear in court via bail. Previously, bail was denied due to concerns that social media expressions had caused public confusion.