Kathmandu, September 24
The Supreme Court has observed that political analyst Bharat Dahal’s recent statements amounted to an exercise of his freedom of thought and expression and ordered that he be released from custody.
A joint bench of Justices Kumar Regmi and Sunil Kumar Pokharel directed Nepal Police’s Cyber Bureau to release Dahal and continue any necessary investigation while keeping him on a date to appear before the authorities.
Dahal’s daughter, Denika Dahal, had filed a habeas corpus petition at the Supreme Court following his arrest.
The court said the investigation file did not show sufficient grounds for keeping Dahal in custody.
The bench observed that Dahal did not appear to have called for a violent movement against the Constitution or the law and that his statements appeared to constitute a peaceful exercise of the right to freedom of thought and expression guaranteed under Article 17(2)(a) of the Constitution.
“Since it does not appear that he called for a violent movement against the Constitution and the law, and appears to have peacefully exercised the right to freedom of thought and expression guaranteed by Article 17(2)(a), no basis or reason requiring his continued detention is seen from the investigation file,” the order states.
Dahal, who is also chair of the Trimool Nepal Party, was arrested by police in Belbari, Morang, and brought to Kathmandu for investigation under the Electronic Transactions Act.
He had recently been making political comments and giving interviews in which he alleged that the Gen Z movement and some of its leaders had been influenced or mobilised by foreign powers.
Dahal had cited material published by The Grayzone while making claims about the Gen Z protests and alleged external influence. He was arrested after such content circulated on social media.
The Kathmandu District Court had on September 21 granted police a three-day remand to investigate Dahal. His statement had already been recorded, according to the Supreme Court’s order.
The Supreme Court therefore said that if further investigation was required, it could be conducted while Dahal remained outside custody.
However, the court did not issue a habeas corpus order in the strict sense.
The bench noted that Dahal had been arrested under Section 47(1) of the Electronic Transactions Act, 2006, and that the Kathmandu District Court had also issued an arrest warrant against him. The court therefore ordered his release while directing that the investigation continue with him on a date to appear.
Dahal was arrested on September 20 from Belbari, Morang. Police had said he was being investigated over content concerning geopolitical issues and alleged involvement of senior political figures.
The Supreme Court issued a two-page brief order on Thursday, saying the full text would take time to prepare.
With the order, Dahal will remain outside custody while the police investigation proceeds. If a case is filed against him, he can face the proceedings while remaining out of detention, subject to further orders of the court.
