KATHMANDU, April 23: Rastriya Swatantra Party (RSP) Chairman Rabi Lamichhane will remain in custody for now, as the Supreme Court has issued a show cause order in response to a habeas corpus petition.
Justice Abdul Aziz Musalman, presiding over a single bench, directed the government to submit a written explanation in response to the petition, which alleges that authorities have detained Lamichhane unlawfully.
The government must provide a written explanation within 15 days justifying Rabi Lamichhane's detention. Had the Supreme Court issued a habeas corpus order, it would have allowed Lamichhane to fight his case while staying out of custody. After receiving the government's response, a joint bench of two Supreme Court justices will hear arguments from both sides. Following the hearing, the court will decide whether to justify Lamichhane's continued detention or release him to contest the case outside custody.
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Earlier, the Supreme Court had requested an 'explanatory report' in response to a petition arguing against Lamichhane's detention. During a preliminary hearing on Sunday, Justice Tek Prasad Dhungana's bench ordered the clarification while reviewing a petition that sought to annul a previous ruling by the Butwal bench of the High Court Tulsipur.
In its explanatory report, the lower court must explain the reasons and legal grounds for deciding whether to release the accused on bail or keep them in custody. The Supreme Court has ordered the lower court to submit this report with all relevant details.
Rabi Lamichhane currently remains in custody at Bhairahawa prison. On April 4, the Butwal bench of the High Court Tulsipur ordered his detention. Arguing that the High Court's decision was flawed, Lamichhane filed a separate petition at the Supreme Court requesting the annulment of that order.
After hearing the petition, the Supreme Court ordered the lower court to submit a clarification report. Following the order, Rabi Lamichhane's wife, Nikita Paudel, filed a habeas corpus petition at the Supreme Court on Sunday, claiming that authorities had detained Lamichhane unlawfully.
In connection with the Supreme Cooperative fraud case in Butwal, Judge Prahlad Kumar Yogi of the Rupandehi District Court ordered Lamichhane's release on bail of Rs 10 million on January 26. Challenging the order, Lamichhane filed a petition at the Butwal bench of the High Court Tulsipur, arguing that the bail amount was excessive and that his detention was unwarranted.
Similarly, the Office of the Government Attorney filed a petition to overturn the Rupandehi District Court's order releasing Lamichhane on bail, arguing that he should remain in custody. After hearing petitions from both sides, a joint bench of Justices Ramesh Dhakal and Swikriti Parajuli at the Butwal bench of the High Court Tulsipur annulled the District Court's bail order and ordered Lamichhane's detention for trial.
On the same day, April 4, the court issued the order and authorities arrested Lamichhane in Kathmandu and transferred him to Bhairahawa. Lamichhane filed a petition at the Supreme Court, claiming the order had eroded public trust in the justice system. Subsequently, he filed another petition at the Supreme Court, arguing that his detention was unlawful.
