Kathmandu, September 25
In the fifth such decision, the Supreme Court today ordered the government to release Khadga Bahadur Bishwakarma, spokesperson for the Netra Bikram Chand-led Communist Party of Nepal, from police custody.
A division bench of justices Anil Kumar Sinha and Tanka Bahadur Moktan termed Bishwakarma’s detention ‘illegal’ and ordered the government to release him in presence of the court’s registrar. The SC also ordered the government to forward a copy of the order to secretary at the Ministry of Home Affairs, stating that the government failed to honour repeated orders of the apex court.
The SC also drew the attention of the authorities concerned towards the fact that the apex court could not stay mum over irresponsibility and insensitivity of the government and its agencies in relation to ensuring the right to individual liberty.
“The court needing to issue repeated order in a case related to the same person raises a question whether it is an attempt to make the court’s order ineffective,” stated the SC decision. “This act can never be excusable in a country where there’s rule of law.”
The court also said that it might have to issue other orders as per Article 128 (4) of the constitution if the situation continued. The article states that the SC can initiate action on contempt of court charges and even slap penalty if its verdicts or decisions are not abided by.
A version of this article appears in print on September 26, 2018 of The Himalayan Times.