Three days after their detention, former ministers Ramesh Nath Pandey and Shrish SJB Rana moved the Supreme Court (SC) with habeas corpus petitions that questioned the legality of their detention.
former minister of state for Information and Communications Shrish Shumsher Rana
The government has held them under the Public Security Act, accusing them of conspiring against the pro-democracy movement of the country.
Advocate Balkrishna Neupane’s assistant Tikaram Adhikari filed the petition seeking their release while accusing the seven-party alliance government of detaining the royalist ministers illegally.
“The government has no authority to detain anyone merely citing sub-section 3(1) of the Clause of the Public Security Act 2049 BS and accusing them of holding secret meetings against the sovereign people or the movement that caused the reinstatement of the House of Representatives,” the petition reads.
“This Act does not bar anyone from holding meetings. Hence, this is not a valid ground to detain anyone,” the petitioner said.
He also added the government has violated their fundamental rights under Article 12 and 14 of the Constitution on the right to assembly and fair trial.
The SC is scheduled to start initial hearing on these petitions from today.
The government on Friday arrested former Home Minister Kamal Thapa, former Foreign Minister Ramesh Nath Pandey, former Local Development Minister Tanka Dhakal, former minister of state for Information and Communications Shrish Shumsher Rana and former assistant minister Nikshya Shumsher Rana on the recommendation of the high level commission formed to investigate the atrocities committed during the pro-democracy movement of the country and to recommend action against culprits.