Kathmandu, May 2
The Supreme Court today ordered the Commission for the Investigation of Abuse of Authority to release Sajha Yatayat Chairperson Kanak Mani Dixit from detention.
After the court’s order Kanak Mani, who is also a noted journalist, was released immediately but was taken to Intensive Care Unit of Bir Hospital, as he experienced high blood pressure, said his brother Kunda Dixit.
According to Kunda, Dixit’s family was planning to take him to their house today but as the doctor accompanying him advised him to remain at ICU, he was hospitalised again. Kunda said Kanak Mani, who was already on hypertension medication, might have experienced high blood pressure, as it was a hectic day for him today.
Kanak Mani, who was arrested by the CIAA on April 22 on charges of amassing property illegally, had been in CIAA custody since then.
Kanak Mani, who has been undergoing treatment for hypertension at Bir Hospital since April 23, was produced before the apex court today.
The order of Kanak Mani’s release was passed by division bench of Acting Chief Justice Sushila Karki and Justice Jagadish Sharma Paudel in response to a habeas corpus writ filed by Kanak Mani’s wife Shanta Dixit.
The Supreme Court termed the Special Court’s order passed on April 24 to send Kanak Mani to a 10-day detention illegal, saying it failed to state reason for his detention.
According to the summary of the Supreme Court’s order made available to the press, the court observed that the Special Court, while conducting Kanak Mani’s hearing, should have analysed the case documents in order to determine whether or not the investigation was satisfactory.
It should have stated reasons for his detention if it deemed necessary to send him to detention, but in this case, the Special Court did not fulfil this process, states the SC order.
“Since the order passed by the Special Court on April 24 was against Section 16 (4) of the CIAA Act 1992, the court orders the CIAA to release Kanak Mani from detention,” the Supreme Court observed in its order.
The Supreme Court also issued a writ of mandamus telling the CIAA that as it had already initiated investigation against Kanak Mani in corruption case, and if further investigation was needed in this case, the CIAA can carry out further investigation by issuing summons in accordance with the law and requiring Kanak Mani to be present before the CIAA on dates fixed by it.
Reacting to the Supreme Court’s order, Kanak Mani said he was grateful to the court for ordering his release and upholding the rule of law.
He added that he was not alone in the fight to uphold the rule of law and protect human rights and there were other innocent people who might not have got the kind of legal assistance as he did.
He said he had filed a case of contempt of court that at the Supreme Court against the CIAA and he would pursue it.
A version of this article appears in print on May 03, 2016 of The Himalayan Times.