After Senior Vice-chair of the Rastriya Prajantra Party Rabindra Mishra and the party's general secretary, Dhawal Shamsher Rana, didn’t come into the contact of Nepal Police when summoned, the police fined the lawyers who had guaranteed their presence before they were released from custody.

Mishra and Rana were charged with sedition, criminal mischief, and organised crime during the March 28 Tinkune protest organised by pro-monarchy groups, who aim to restore the Hindu kingdom that was abolished in 2008 in Nepal.

The March 28 protest, which led to rioting, resulted in the deaths of two individuals, including a journalist, and caused damage to both public and private property.

The protest was organised by the joint movement committee led by Panchayat-era leader Nabaraj Subedi and backed by various pro-monarchy groups including the Rajendra Lingden-led Rastriya Prajatantra Party (RPP) and the Kamal Thapa-led RPP-Nepal. Mishra was the committee's member secretary, Rana the coordinator of the movement mobilisation committee and Durga Prasai was named the field commander of the day.

Rana, who has oesophagus cancer, was released on April 21 for medical treatment, on the surety of his legal representative. Mishra was released on May 16. After Mishra’s wife, Sarika Karki, filed a habeas corpus petition on May 13, claiming that police had unlawfully detained her husband, the apex court ordered the release of Mishra on the surety of his legal representative.

Apart from participating in a protest organised by the Thapa-led RPP-Nepal on April 28, Rana has not appeared in a public event, including parliamentary meetings. Mishra, too, has not been seen in public after his release.

As they failed to appear before the court, the two lawyers who had guaranteed their attendance were fined Rs25,000 each.

Advocate Shyam Bahadur Shahi and lawyer Basanta Blon had stood as guarantors of Mishra and Rana's presence.

Superintendent April Raj Bohara, spokesperson for the Kathmandu District Police Range, confirmed the fines against the guarantors.

“Since the individuals who took responsibility for presenting them before the authorities were unable to do so, we have fined Rs25,000 each on their respective lawyers,” SP Bohara said.

Rana stated that he had received information indicating that a fine had been imposed on the lawyer who had stood as guarantor after they were declared absconding. Now that they have been declared absconding, Rana said the court would issue a 21-day notice, and once that notice is published, he will appear before the court.

“Due to my illness, I was not able to present myself to the police. However, after the court notice, I will go to the court,” Rana told the Post.

The police confiscated Mishra’s cell phone for a forensic test, and the Post’s attempts to contact him did not work.

The District Attorney’s Office in Kathmandu filed its case against the Tinkune protest in the Kathmandu District Court on May 25. Despite the attorney’s office urging Mishra and Rana to be produced to the District Police in Kathmandu before registering the case, they could not be presented.

Sixty-one people have been charged in connection with the violent Tinkune protest. Among them, sedition cases are being forwarded against 50 individuals, while the remaining 11 face criminal offence charges.

Eight people, including Prasai, face charges of homicide, attempted murder, sedition, criminal offence, organised crime and combined offence. These charges, filed at Kathmandu District Court by the District Attorney’s Office of Kathmandu, also relate to the two deaths resulting from the protest.

“After the police could not produce Mishra and Rana, we filed the case without them present,” said Ramhari Sharma Kafle, chief of the District Attorney’s Office, Kathmandu. “As per the provision, when the guarantors could not produce Mishra and Rana, the investigating office charged a fine against the ensuring legal representatives.”

According to the Criminal Procedure Code, the investigating officer is authorised to impose a fine. Section 15 of the Code provides that an investigating officer may release a person in custody.

The individual released in this manner is handed over to someone responsible for ensuring their appearance when required. If the released individual fails to appear, the person who took responsibility may be fined. Sub-section (4) of Section 15 of the Criminal Procedure Code mentions that, “If the released person is not presented at the specified time as mentioned in sub-section (3), the investigating officer may impose a fine of up to 50,000 rupees on the guarantor.”

This provision empowers the investigating authority to ensure accountability in cases of non-compliance with the conditions of release.

In connection with case 081-C1-7358 filed at the Kathmandu District Court against the defendants Mishra and Rana, concerning charges of treason, criminal mischief, and organised crime, the office repeatedly contacted the individuals requesting them to ensure the defendants' appearance in court, reads the statement by SP Bohara.

“Despite these repeated communications, the sureties failed to produce the defendants, thereby disregarding the gravity of the case and violating their legal obligations under Section 15(3) of the National Criminal Procedure Code, 2017.”

District attorney Kafle said that once the detention hearing concludes for Prasai and others currently in police custody concerning the Tinkune incident, the decision against Prasai and company will apply to Mishra and Rana as well. If the court finds them guilty, the police can arrest them wherever they are found.

“Before the detention hearing regarding the protest, Mishra and Rana can turn themselves into the police,” Kafle said.