The lie by the home secretary, the police chief and four other officers came to the notice of the apex court Monday after the court found that Nandu Giri and Dev Bikram Shah were being detained inside the police office in Pyuthan district, contrary to what they had told to the court.
Lying to the court is regarded as a (criminal) offence subject to punishment, depending on the discretion of the sitting judges.
In replying to a show cause notice issued in response to a habeas corpus petition by Giri and Shah, two accused in the February-6 police post attack in Pyuthan, they had told the court in writing that the police never arrested the two. However, the Pyuthan district court found Giri and Shah inside the police office in the district following a search warrant issued by the apex court on Sunday.
The apex court has also ordered the home secretary, the police chief and the other police officers to be present in court in person with their replies concerning the lie, within seven days excluding the time it takes to serve the order on them.
Taking up the habeas corpus petition, Justices Prem Sharma and Girish Chandra Lal also ordered the home secretary and the police chief to produce Giri and Shah before the court within three days and release them in the presence of the Supreme Court registrar.
Giri and Shah, two Maoist victims, were arrested from Kathmandu and Lalitpur respectively early this month and taken to Pyuthan district on charges relating to the police post attack in which one policeman was killed and 10 weapons looted.
Despite government efforts to identify the attackers, the attack is still shrouded in mystery.
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