The Supreme Court on Monday dismissed the habeas corpus petitions filed by former Prime Minister KP Sharma Oli and former Home Minister Ramesh Lekhak, ruling that their current detention is not illegal. However, the bench issued a mandamus ordering the government to conclude the investigation within the current remand period.
The division bench of Justices Binod Sharma and Sunil Pokharel noted that since the duo is in judicial custody following a formal court order for a criminal investigation, the detention does not violate the law. Consequently, the court refused to issue a writ for their immediate release.
Despite upholding the arrest, the Supreme Court highlighted that investigation files show statements from the accused and other primary inquiries are largely complete. Key details of the timeline include:
- Arrest date: March 28, following recommendations from the Gen Z Movement Inquiry Commission.
- Current remand: The Kathmandu District Court granted a third, five-day extension on Sunday.
- Expiration: The current deadline expires this Wednesday.
Mandamus instructions
The Supreme Court’s mandamus directs the government to finalize the case within the remaining timeframe. If the authorities fail to file a formal charge sheet in court by Wednesday, the former officials must be released.
The court previously took note of Oli’s health concerns during earlier two-day and five-day remand periods, but emphasized that the legal process must now move toward a definitive conclusion or release.
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