With the apex court´s refusal, Dhamala’s fate now depends on the decision that Chief District Officer of Kathmandu Bhola Prasad Siwakoti will take after police complete ongoing investigations into the charges brought against him.
Under the Arms and Ammunition Act, the chief district officer (Siwakoti in this case) can either give Dhamala a clean chit or convict him. If convicted, Dhamala will face imprisonment ranging from three to seven years. Alternatively, he will have to pay Rs 60,000 to Rs 100,000 in fine.[break]
Arrested on Feb. 3, Dhamala has been accused of masterminding three bomb explosions in Kathmandu and of having links with an armed group, Ranabir Sena. Dhamala denied the charges while submitting his statement to government lawyers. He has been detained at Hanumandhoka Police Office following an order issued by CDO Siwakoti as authorized by the Act.
“The court cannot interfere with the ongoing police investigation into the charges against Dhamala,” said Justice Min Bahadur Rayamajhee, who headed a three-member full bench of the apex court.
Taking part in the hearings Dhamala’s lawyers had questioned the legality of the arrest warrant handed to him by police and urged the judges to release him. They argued that the police had not mentioned the reasons of the arrest nor the time of the warrant as required by law.
However, the court said, “The arrest warrant was one of three types prescribed in existing law. This court cannot challenge the authority of the district administration office to issue an order for Dhamala´s custody.”
Meanwhile, government lawyers taking part in the hearings said that the ongoing investigations into Dhamala are near completion. They told the sitting judges that Dhamala ordered the explosions in Kathmandu last year.
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