KATHMANDU, April 6: The Supreme Court on Monday ordered that the detention of former Prime Minister KP Sharma Oli and former Home Minister Ramesh Lekhak cannot be extended any further, paving the way for their release later this week.
A joint bench of Justices Binod Sharma and Sunil Kumar Pokharel issued the mandamus order stating that even if the habeas corpus petitions filed by their wives are dismissed, the investigation period against the two leaders for their role in the Gen G movement cannot be prolonged beyond the current extension.
On Sunday, the Kathmandu District Court had extended their custody for the third time by five days, citing the need for further investigation. Neither Oli nor Lekhak has been formally charged, and both deny responsibility for the violence during last year's Gen G protests.
With the Supreme Court's order, Oli and Lekhak will be released from custody on Thursday after the expiry of the current five-day extension.
Court allows two more days' remand of Oli, Lekhak
A team from the Kathmandu Valley Crime Investigation Office had apprehended Oli from his residence in Gundu, Bhaktapur, on March 28 — one day after the formation of a new government led by Prime Minister Balendra Shah (Balen). Oli, 74, a four-time prime minister, has been in hospital since soon after his arrest for what police have described as a procedural check-up. He is reported to suffer from heart and kidney problems.
The court has directed authorities to complete their investigation within this extended period and decide whether to proceed with the case. According to the order, if police fail to present the case in court within the stipulated time, the duo must be released either on bail or on a regular date after completing necessary legal formalities. Any remaining investigation should then be carried out without keeping them in custody.
Investigation into Gen Z Protests
A High-Level Commission formed to probe the incidents of the Gen G movement that took place on September 8-9 last year has recommended action against Oli and Lekhak for gross negligence in security arrangements during the protests.
The unrest, which began over social media ban, culminated into the masses venting their ire against broader issues of corruption and nepotism as well as economic hardship and quickly spread nationwide.
Parliament and government offices were set ablaze, and at least 76 people were killed in the deadly crackdown on demonstrators. The violence ultimately led to the fall of Oli's government.
Newly-elected PM Balen Shah, in his first cabinet meeting, decided to implement the commission's report.
The commission's report stated that statements given by Oli and Lekhak suggesting they did not know about the violence were part of an attempt to shift responsibility and amounted to "criminal negligence."
