The Asian Centre for Human Rights (ACHR) has urged the government not to misuse the Public Safety Act and the Public Offences Act against former Ministers and uphold the rule of law.

A press statement issued by the ACHR said “While the dismissal of Inspector General of the Nepal Police, Shyam Bhakta Thapa, Inspector General of the Armed Police Force, Shahabir Thapa, and NID head, Devi Ram Sharma is indispensable to prevent destruction, tampering of evidence and misuse of official powers, the arrest of the ministers under the Public Safety Act is unwarranted.”

“The government should have waited the conclusion of the Justice Krishna Jung Rayamajhi Commission of Inquiry before making any arrest of the former Ministers for alleged violations of human rights,” the statement quoted Suhas Chakma, Director of Asian Centre for Human Rights as saying.

The government arrested five Ministers of the royal cabinet, then Home Minister Kamal Thapa, Foreign Minister Ramesh Nath Pandey, Minister for Local development Tanka Dhakal, minister of state for Information and Communications, Shrish Shumsher Rana and former Assistant Minister for Health Nikshya Shumsher Rana and suspended nine security officials.

The statement further said the Public Safety Act or the Public Offences Act must not be used to throttle the freedom of expression. All accused must be arrested under normal law of the land such as Muluki Ain (Civil Code).

“The Public Safety Act and the Public Offences Act are instruments of the monarchy of Nepal that have been consistently used to suppress the pro-democracy uprisings. However, the democratic governments of Nepal failed to repeal these draconian Acts and are presently using the same Acts,” the ACHR said.

ACHR urged the government of Nepal to repeal the Public Safety Act and Public Offences Act and suspend Royal Nepal Army Chief, Pyar Jung Thapa, for a fair inquiry.

“The Inquiry Commission must bear in mind that all the illegal acts and human rights violations have been done under the leadership of King Gyanendra as the Chairman of the Council of Ministers and investigate the chain of command accordingly,” Chakma further added.