Medical businessman Durga Prasai has been released from detention.
He was freed after the Supreme Court bench of Justices Nahakul Subedi and Shreekanta Paudel issued an order while hearing a habeas corpus petition filed by his son, Nirajan Prasai. Police had arrested Prasai on Mangsir 1, investigating him on charges related to public peace disturbance.
The Supreme Court ruled today that Prasai’s detention could not be justified as lawful.
The order states:
“Detaining or arresting Durga Prasai appears to be an arbitrary violation of the petitioner’s constitutionally guaranteed freedom of expression. His activities do not appear contrary to the values of human rights, fundamental rights, or democratic principles embraced by Nepal’s Constitution. Therefore, his detention cannot be considered lawful. It is evident that Prasai was held in custody based on an unlawful motive.”
The Court further noted:
“In the changed context, where legal experts have informed the bench that a peaceful agreement had already been reached to conduct the campaign scheduled for 2082/5/6, the justification for continuing investigation or keeping the petitioner in custody no longer exists. Hence, all actions related to the arrest warrant, extension orders, and investigation procedures against the petitioner are annulled. A habeas corpus order is hereby issued directing his immediate release from illegal detention.”
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