Standup comedian Apoorwa Kshitiz Singh has been kept in custody for the third day as the Kathmandu District Court did not schedule a hearing on Wednesday even as the police and the Kathmandu District Attorney’s Office say that they have presented the investigation report and necessary documents to the court.

Amid a debate over the arrest of comedian Singh and decision to keep him in custody for 12 days, which rights activists say curtails freedom of speech and expression, police on Monday arrested the comedian again.

“We have completed our investigation and submitted the report, but the court could not hear his case on Wednesday, so he is still in custody,” said Dinesh Raj Mainali, superintendent of police at the Kathmandu Metropolitan Police Range.

During his conversation with the Post on Wednesday afternoon, Mainali had said the comedian was likely to be released.

Singh was arrested on August 28, after Kathmandu District Court issued an arrest warrant for his allegedly insensitive and derogatory comments on the Newa community.

He was arrested after multiple complaints were lodged against him for making derogatory remarks about culture and tradition of the Newa community during his standup comedy show, a part of which was also uploaded on YouTube.

Later, on September 8, the police had released him on bail after he got infected with Covid-19.

“The police took Apoorwa in custody on Monday as earlier he was released following a coronavirus infection after consulting with the district attorney's office, but the case involving him was still under investigation,” said Mainali.

Meanwhile, in conversation with the Kantipur daily, the Post’s sister paper, Singh’s father Jaishankar, who had reached Teku Police Station on Monday to settle the case, said that he was worried following the police’s recent move to re-arrest Singh.

“We had reached the police office hoping to settle the case. Instead, the police arrested my son. This has panicked me more,” said Jaishankar, 58, who is the principal of Mahadev Janata Model Higher Secondary School in Sarlahi.

Responding to a query regarding Jaishankar’s concern, Mainali said police have ‘no malafide’ intention regarding Apoorwa’s arrest.

“From the police side the investigation into the case is complete," said Mainali. “Now it is up to the court to decide on Apoorwa's case. Maybe it still needs some documentation over the issue.”

On August 27, Singh had apologised for his performance through his Facebook page, blaming his lack of research and poor knowledge for his trespass against the Newa community.

“I too have begged numerous times in front of those who lodged complaints against my son, but no one listens to me,” Jaishankar said.

Achyut Neupane, chief of the District Attorney’s Office in Kathmandu, said Singh’s case was not settled before Dashain as he was infected with Covid-19 and was released on bail.

“Now it is the Kathmandu District Court that will make a decision regarding his case,” Neupane said. “We have already sent his file to the district court.”

Neupane said Singh's case will totally depend on the court as the attorney's office has submitted all related documents to the court.

Singh was arrested under the National Penal (code) Act, 2017. Clause 65 of the code states that no person, by words, either spoken or written, shall discriminate against another on the ground of religion, colour, caste, community or language, or disturb social harmony.

Although the society was divided over his performance, many have said that arresting and jailing the artist for his performance is an attack on the freedom of expression and a hint of how intolerant the Nepali society has become.

Article 17 of the constitution states that no person shall be deprived of his or her personal liberty except in accordance with the law. It also guarantees freedom of opinion and speech.