In Nepal, a disturbing trend is on the rise lately. Influential politicians and businessmen facing legal troubles seem to have found a new strategy to avoid police detention-- getting admitted to hospital. This misuse of provisions meant for those with genuine health issues not only raises questions about the sanctity of law, but also reinforces the perception that the law is meant only for the poor and those without access to the power corridors. The recent case involving industrialist Arun Chaudhary and former Executive Chairman of now-dissolved Bansbari Leather and Shoe Factory Ajit Man Singh Thapa is just a case of this troubling pattern. The duo arrested in connection with the Bansbari Leather and Shoe Factory land-grab case fell ill hours after their detention and they were immediately admitted to hospital. Thapa reportedly cited heart problems, while Chaudhary claimed sugar and pressure-related issues. They are currently staying in luxury cabins of hospitals instead of police custody as most other people facing similar offenses are required to stay. This widespread misuse of hospital admission has a danger of reinforcing the perception that law is selectively applied. And, this must stop.
Setting a bad precedent
It may be noted that the Kathmandu District Court has granted police the permission to detain Chaudhary and Thapa for four days to conduct necessary investigation into their case. Unfortunately, the incident involving them is not an isolated one. The list of those exploiting the hospital admission to undermine the rule of law and public trust in the judicial system is extensive, with a number of politicians and businessmen using this tactic to avoid police custody in the recent past. Some of similar cases involving high-profile individuals include former Speaker Krishna Bahadur Mahara, who claimed health problems and spent 24 days in Norvic Hospital to avoid detention after his arrest on rape case and the owner of Bhatbhateni Super Market Min Bahadur Gurung, who spent about 60 days in the TU Teaching Hospital cabin to avoid detention over Lalita Niwas land-grab scam. There are a number of other cases of similar nature including those involving Actor Anamol KC, Krishna Das Giri 'Siddhababa', former lawmaker Gayatri Shah, Prithvi Malla, who was involved in a fatal drunk driving incident and the former Director General of the Inland Revenue Department Chudamani Sharma. Arrested on different cases of crimes, they all utilized hospitals to avoid police detention and make it difficult for police to conduct necessary investigations. This growing trend sets a dangerous precedent, challenging the very notion of the rule of law that we seek to uphold as a democratic nation.
As a newspaper, we urge the government to stop this widespread misuse of hospital admission for the good health of our democracy. Our political leadership in power and police administration should strongly discourage such practice. This trend not only undermines the credibility of the legal system but also reinforces perception of ordinary people that the law is selectively applied. We urge the authorities concerned to address this issue promptly and ensure that justice is served impartially, irrespective of one's social standing or influence or even access to power corridors. The legal system must not become a playground for the privileged to manipulate and evade accountability. The mockery of the law by allowing those with influence and access to power corridors must stop for the health of our democracy and the very principle the democratic system seeks to uphold.
