Patan High Court extends short-term order in favour of Journalist Pathak
KATHMANDU, JUNE 19
The Kathmandu District Court (KDC) has reversed the order issued earlier to remove the news published in the media, including Bizmandu and Nepal Khabar.
Judge Shyam Bihari Maurya's bench dismissed the injunction application filed by Securities and Exchange Board of Nepal (SEBON) chair Santosh Narayan Shrestha following a two-day hearing.
With this decision, Nepal Khabar and Bizmandu will no longer be required to remove Shrestha-related news. In addition, the order to remove the news issued by the bench of Judge Pitambar Sharma on June 10 has been quashed.
Shrestha filed a petition against Nepal Khabar and Bizmandu after news of Shrestha demanding bribes through brokers surfaced. On June 10, a bench led by Justice Pitambar Sharma issued a short-term interim order following a one-sided hearing on the petition for writ of certiorari.
On June 10, a bench led by Justice Sharma issued a short-term interim order to remove the news about SEBON Chair Shrestha and to refrain from writing further. In the same order, Nepal Khabar and Bizmandu were asked to submit written responses, which were then discussed on Wednesday.
The decision to continue it or not was kept under review on Thursday after the bench of District Court Judge Shyam Bihari Maurya concluded its arguments on Wednesday. On Thursday, after the defendant's arguments were concluded, the petitioner's lawyer presented a counter-argument.
Shrestha demanded that the short-term interim order be extended. Nepal Khabar and Bijmandu, on the other hand, demanded that the petition be dismissed, claiming that it was natural for questions to arise given Shrestha's public position.
Meanwhile, the Patan High Court issued an interim order instructing the government not to arrest journalist Dil Bhushan Pathak. After hearing both sides, the High Court extended the short-term interim order it had issued previously.
On Thursday, a joint bench of Patan High Court Justices Tanka Prasad Gurung and Tikaram Acharya continued the order. With the court ruling, the police will be unable to arrest Pathak until the case he filed is resolved.
The High Court order also states that there is no need to investigate crimes under the Electronic Transaction Act, 2008, as there is a provision for people who are dissatisfied with the content disseminated by the media or journalists to file a complaint with the Press Council Nepal (PCN).
Previously, on June 16, the High Court issued a short-term interim order not to arrest Pathak. It was called today to decide whether the order should be extended or not. Following today's discussion, the interim order was continued.
"From the journalist identity card and other paper certificates submitted by the petitioner Dilbhushan Pathak, it is evident that he has been involved in the field of journalism for a long time, has obtained a trademark registration certificate registered as Interface Nepal Network Company, and has also obtained permission from the Department of Information and Broadcasting to register as an online media outlet," the ruling reads.
"Nepal's Constitution expresses a commitment to complete press freedom, with Article 17, Clause (2) (a) protecting freedom of thought and expression, Article 19 providing the right to communication, and Article 27 providing the right to information. The Press Council Act of 1991 aims to promote healthy journalism and serves as a regulatory body for the entire sector. Such a complaint can be investigated and addressed by the PCN."
It also reads, "In the aforementioned context, since the circumstances do not appear to have been established to warrant arrest and investigation based on the complaint filed alleging that an offense was committed through the material circulated by the petitioner, this Court has continued the short-term interim order issued by this Court on June 16 pursuant to Rule 42 of the High Court Rules, 2016, not to arrest the petitioner until the final disposition of the present case."
