Kathmandu, September 28
Rastriya Swatantra Party lawmaker Ranju Darshana has questioned the police’s detention of former Chief Justice Cholendra Shumsher Rana.
In a Facebook post on Monday, Darshana said that while a person can be arrested if an offence is evident, legal process and evidentiary grounds are crucial in carrying out the arrest.
“The law itself provides that a person can be arrested if an offence is evident. But even when arresting, the tune and rhythm must match,” she wrote. “Even if the offence is not visible, the law demands evidence. Allegation alone is not enough; grounds and evidence to establish the offence are also needed.”
She said the core of the rule of law is that authority must be exercised in accordance with method, procedure and evidence.
“That is exactly what the rule of law is. Authority can be exercised, but not without procedure and evidence,” Darshana said.
In her status, Darshana also described the action as “an arrest made to relocate him to a safe place for some time,” and urged heightened vigilance for his security. She said conditions must be created in which no “generation” can threaten him.
The Crime Investigation Office of Nepal Police at Teku took former Chief Justice Rana into custody at midnight on Saturday. Police did not even allow a team from the National Human Rights Commission to meet him. He was kept at the office for almost a day on Sunday and handed over to relatives in the afternoon.
Police have argued that he was placed in a safe location after a “security threat” was identified. Lawyers and political party leaders have criticised this approach by the police. The National Human Rights Commission also issued a statement criticising the police.
