Former prime minister KP Sharma Oli and former home minister Ramesh Lekhak have been released on the condition that they will be present before the authorities when required.

According to Senior Superintendent of Police Ramesh Thapa, Kathmandu Police chief, they were released as per a Supreme Court order. Oli was handed over to his wife Radhika Shakya, and Lekhak to his wife Yashoda Lekhak.

Hearing the habeas corpus petition filed by the families of Oli and Lekhak, the court on Monday ordered their release after the additional five-day remand granted by the Kathmandu district court expired.

A bench of Justices Binod Sharma and Sunil Kumar Pokharel, while noting that the detention could not be deemed unlawful, ordered that the investigation must be concluded within the current extension period. The order said if a decision on whether to file a case is reached, authorities should proceed accordingly. If not, the two must be released upon expiry of the remand period, while further investigation continues as per the law.

The court also noted that the statements of Oli and Lekhak and other investigative procedures had already been completed according to the case file. It further stated that then Kathmandu Chief District Officer Chhabi Lal Rijal, against whom action had been recommended by the probe committee, was also released on the condition that he would appear when required.

It was also noted that since Oli is seriously ill, it would be appropriate to conclude the investigation quickly.

Oli and Lekhak were arrested on March 28 on charges linked to the use of lethal force during the Gen Z protests on September 8, which left 19 people dead.

Their arrest followed recommendations from former judge Gauri Bahadur Karki-led commission formed to investigate the uprisings. The commission has recommended that Oli, Lekhak and then Inspector General of Police Chandra Kuber Khapung be charged under Sections 181 and 182 of the National Penal Code for criminal negligence.

Section 181 of the Code states that “no person shall cause death by negligent acts.” A person committing such an offence may face imprisonment from three to 10 years and a fine ranging from Rs 30,000 to Rs 100,000.

Section 182 states that “no person shall cause death by reckless acts.” This carries a penalty of up to three years of imprisonment and a fine of up to Rs 30,000.

Meanwhile, the CPN-UML Chair Oli said he was freed as there was insufficient basis and evidence to file a case against him.

“The government detained me unlawfully for 13 days on criminal charges out of prejudice and revenge,” he wrote on Facebook. He also expressed respect for the court for ordering his release.

He informed that due to his adverse health condition, he would remain in the hospital for a few days for treatment.