Supreme Court orders contempt of court case against four police officials, including the Nepal Police chiefThe order comes following the arrest of three Chand party members from the Supreme Court premises immediately after their release on February 17.
On February 17, three Chand party members were released by the court after a habeas corpus hearing, but policemen from the Metropolitan Police Circle, Singha Durbar immediately arrested them from the gate of the Supreme Court.
The Supreme Court passed the order on Friday in response to a case filed by Bhim Prasad Sharma on behalf of Bhim Prasad Adhikari, Hari Chandra Khadka and Bishnu Prasad Adhikari, all members of the Nepal Communist Party led by Netra Bikram Chand.
Justices Ishwar Prasad Khatiwada and Dambar Bahadur Shahi issued the order to file the contempt of court case against Inspector General Thakur Prasad Gyawalai, chief of Nepal Police; Senior Superintendent of Police, Uttam Raj Subedi, Chief of Metropolitan Police Range, Teku; Deputy Superintendent of Police Kaushal Kumar Budathoki, chief of Metropolitan Police Circle, Singha Durbar; and Deputy Superintendent of Police, Santosh Singh Rathour, chief of Metropolitan Police Circle, Sorakhutte.
The justices have asked for a written response from the four police officials and ordered them to be present themselves before the court within seven days of receiving the order.
“Arresting those released by the court from the court premises amounts to contempt of court,” the justices said in their order. “Why should not those involved face action as per Article 128 (4) of the constitution and Section 17 of Judicial Administration Act, 2073?”
Article 128 (4) of the constitution says: All must abide by any interpretation of the Constitution or a law made by or any legal principle laid down by the Supreme Court in the course of trying a lawsuit. If anyone makes obstruction in the dispensation of justice by, or disregard any order or judgment handed down by, it or any of its subordinate courts, the Supreme Court may, in accordance with law, initiate proceedings and impose punishment for contempt.
As per the order, the Supreme Court registrar will file a contempt of court case against the above named police officials.
Nepal Police, meanwhile, has said it is yet to receive or see the court order.
"We will abide by the court order," said Deputy Inspector General of Police Shailesh Thapa Kshetri, who is also the spokesperson for Nepal Police.