Former prime minister and CPN-UML chairperson KP Sharma Oli and former home minister Ramesh Lekhak will be in custody for at least three days as the Supreme Court refused to issue an interim order for their release.

Two different single benches of the top court on Monday issued separate show cause notices against the Balendra Shah government to explain in writing the reasons for their arrests. The police on Saturday morning arrested Oli and Lekhak on for their alleged negligence that led to the deaths of protesters during the Gen Z-led uprising in September.

Claiming that the Shah government’s move was unlawful and biased, Radhika Shakya, Oli’s wife, had on Sunday lodged a writ petition demanding his immediate release. Passing a ruling on the petition after a preliminary hearing, a single bench of Justice Meghraj Pokharel directed the Shah administration to produce a written explanation clarifying the legal grounds for his detention within three days. “Present the Karki commission report [together with the written clarification],” reads the ruling.

Even as the report of the former chair of the Special Court, Gauri Bahadur Karki, has been leaked and widely covered in the media, the government has yet to make it public. The erstwhile Sushila Karki government had announced to release the report, but never did.

Lekhak’s wife, Yashoda, also filed a similar petition seeking the release of her husband. A single bench of Justice Kumar Regmi has directed the authorities to furnish a written explanation clarifying the basis for his detention.

“Both the benches have directed the court administration to present the petitions together, after the written clarifications are produced,” Arjun Prasad Koirala, spokesperson at the top court, told the Post. “Hearings will take place on a division bench.”

The Kathmandu District Court on Sunday remanded Oli and Lekhak in custody for five days for investigation. As the police are unlikely to complete the investigation within the next three days, they will seek an extension of remand later this week.

Senior advocate Tikaram Bhattarai, arguing on Monday for Oli’s release, said a person cannot be arrested solely on the basis of an investigation commission’s report. According to him, the government decided on the matter at the Cabinet level before the home minister directly instructed the police to carry out the arrest, making the detention prima facie unlawful.

Bhattarai also told the court that the Supreme Court Rules, 2017 empower the court to issue special orders in such circumstances. Citing Rule 35, he said the court can order the release of a detainee on a personal recognisance bond or bail, and requested such an order for Oli.

He further urged the court to direct the authorities to submit a written response within 24 hours and produce the yet-to-be-published report of the investigation commission.

Nepal Bar Association President and senior advocate Bijay Prasad Mishra, who also argued on Oli’s behalf, objected to the issuance of an “urgent warrant of arrest” against the former prime minister.

Mishra argued that Oli was neither likely to flee nor capable of destroying evidence. “It is difficult to imagine that a former prime minister would run away,” he said, adding that the provision of an urgent arrest warrant had been misused.

He also requested the court to release Oli on bail, citing his poor health.

Senior advocate Radheshyam Adhikari also questioned the possibility of Oli fleeing, saying the former prime minister is under constant security protection.

“As a former prime minister, he is always surrounded by security personnel. How could he possibly flee?” Adhikari said. “Even for travel, he must inform security agencies. Yet he was arrested in violation of his fundamental rights.”

Adhikari also pointed out that the report cited by the government had not been officially made public.

He questioned how the newly formed government could have reviewed the report overnight and proceeded with the arrest the following morning.

“The government announced that the report would be released, but that is not the case,” he said. “The government was formed on March 26. The Cabinet decided that very evening and claimed to have studied the report overnight before ordering the arrest.”