National
Supreme Court orders release of journalist Kishor Shrestha
The bench says Shrestha can be investigated outside custody, citing the absence of grounds for detention and constitutional protection of the right to communication.Post Report
The Supreme Court on Monday ordered the release of journalist Kishor Shrestha, directing police to continue their investigation without keeping him in custody.
A division bench of justices Nahakul Subedi and Balkrishna Dhakal issued the order while hearing a habeas corpus petition filed by Shrestha’s wife, Saraswati Shrestha.
Supreme Court spokesperson Arjun Prasad Koirala said Shrestha would be investigated while remaining outside custody.
“The writ petition was heard and an order has been issued for his release,” Koirala said. “He will be released after police complete the necessary documentation and legal procedures.”
The bench ordered the Kathmandu District Police Range to investigate Shrestha on a personal bond or bail under Section 15 of the Criminal Procedure Code, 2017.
It found that the circumstances did not warrant keeping Shrestha in custody for the investigation. The order noted that the photograph cited in the complaint had been posted on Facebook by the complainant herself.
The justices also mentioned that although Shrestha is the editor of the weekly Jana Aastha, there was no indication that he held an editorial role at the online portal involved in the complaint.
The order further said complaints concerning news content should be dealt with by the Press Council Nepal, the media sector’s regulatory body. Keeping Shrestha in custody in such circumstances would be contrary to the right to communication guaranteed by Article 19 of the Constitution, it said.
The bench also ordered authorities to return six CPUs and two laptops seized from the Jana Aastha office and Shrestha’s residence. The equipment is to be handed back in the presence of the Supreme Court registrar.
Shrestha, editor of the weekly Jana Aastha, was arrested on August 12 by a joint team from the Kathmandu Valley Crime Investigation Office and the Kathmandu District Police Range. Police are investigating him on allegations of violating the Privacy Act, 2018.
Earlier on Monday, the Kathmandu District Court had authorised police to keep Shrestha in custody for another four days for investigation after his initial three-day detention period expired.




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