The Supreme Court has dismissed the habeas corpus petition filed on behalf of Kamal Bhusal, popularly known as Nicholas, but has issued a mandamus order directing the Ministry of Home Affairs to conduct the investigation by keeping him on bail (attendance bond) instead of in custody.
A joint bench of Justices Dr. Nahakul Subedi and Nrip Dhwaj Niraula issued the order on Monday, rejecting the plea that sought Bhusal’s release from detention but instructing authorities to continue the investigation while keeping him on bail.
The court’s order stated:
“Since detaining an individual solely based on their expression does not align with the constitutional value of protecting personal freedom, the investigation should be conducted without affecting its credibility and effectiveness, by taking bail or an attendance bond under Section 15 of the Criminal Procedure Code, 2074.”
The bench also noted that no explosive materials or weapons were found in Bhusal’s possession, nor was he arrested while committing any offense. Therefore, the court concluded that it would be appropriate to investigate him while on bail, rather than keeping him detained for his expressions.
Bhusal had been arrested by the police on charges of spreading misinformation and making inflammatory remarks. The habeas corpus petition seeking his release was filed by Sunil Prasad Sah on his behalf.
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