KNOW THE FACT: Has the case of Oli and Lekhak really concluded?

 

KNOW THE FACT

Has the case of Oli and Lekhak really concluded?

By LB Thapa

Former Prime Minister and CPN-UML Chairman KP Sharma Oli, after being released following the Supreme Court’s mandamus, has claimed in a Facebook status that he was freed because no grounds were found to prosecute him. If Oli’s claim is accepted, it would mean this case has ended here. But has the case of Oli and Ramesh Lekhak, who were arrested on the recommendation of the Karki Commission, really concluded? 

On March 26, the elected lawmakers took their oaths. Then, on March 27, after Balen Shah took the oath of office as Prime Minister from the president, other ministers also took their oaths the same day. Immediately after the oath, the first cabinet meeting decided to implement the report of the Karki Commission, which was formed to investigate the Gen-Z movement, as it is, except for the security apparatus. Right after that decision, on the night of March 27, the Ministry of Home Affairs prepared to arrest Oli and Ramesh Lekhak. They agreed to arrest both using an urgent arrest warrant. 

However, after Rabi Lamichhane, Chairman of the Rastriya Swatantra Party, suggested not arresting them at night on humanitarian grounds, former Home Minister Ramesh Lekhak and former Prime Minister KP Sharma Oli were arrested in the early morning of March 28. Since March 28 was a Saturday, both Oli and Lekhak were produced at the Kathmandu District Court on Sunday, March 29, to extend their remand. Police had requested a 10-day detention for investigation, but the court granted only 5 days. 

Immediately after, Oli’s wife Radhika Shakya and Lekhak’s wife Yashoda filed a habeas corpus petition in the Supreme Court, claiming that the arrest of Oli and Lekhak was illegal and demanding their immediate release. 

Later, in this same case, on March 30, the then-Chief District Officer (CDO) of Kathmandu, Chhabi Rijal, was also arrested. However, police released Rijal on general bail the same day because the cabinet meeting held on March 27 had decided to implement the Karki Commission’s report but to form a separate study committee for the security apparatus and proceed with action only based on that committee’s recommendations. Citing this decision, Rijal, being considered part of the security mechanism, was released on general bail that same day. Afterward, the Supreme Court refused to issue an interim order on the habeas corpus petition filed by the wives of Oli and Lekhak. 

That means the Supreme Court rejected the basis that Oli and Lekhak’s detention was illegal. However, on April 5, the Supreme Court issued a mandamus order stating four main reasons not to extend Oli and Lekhak’s remand and to release them on general bail as soon as possible after filing the case. The four reasons were the following:

First, both Oli and Lekhak were in mourning (Oli’s father and Lekhak’s mother had passed away), so keeping them in custody during such a time was inappropriate. 

Second, KP Oli was ill, and according to a letter from the hospital, he needed continuous medical supervision, so the investigation should proceed with him released from custody.

Third, since the then-CDO Chhabi Rijal, arrested on the recommendation of the Karki Commission, had already been released on general bail, it was not fair to keep some in custody and release others in the same case. 

Fourth, the statements of the accused had already been recorded, and evidence could no longer be destroyed, so the investigation could continue even outside custody. 

Therefore, the Supreme Court ordered not to extend the remand of Oli and Lekhak, to file the case quickly, and to release them on general bail. Following this court order, on April 8, both Oli and Lekhak were released on general bail. Because before the Supreme Court’s order, the Kathmandu District Court’s extended remand for both was only until midnight of April 7. Since the remand could not be extended further, both were released on general bail on the morning of April 8. 

Now, the main question: As Oli claimed, were they released because there was no evidence or grounds to prosecute them? The one-line answer is no. Unlike Oli’s Facebook claim, the police have not decided to drop the case or close the file. Instead, this case is just beginning because Oli and Lekhak have been released on general bail — they have not been acquitted of the charges. 

Now in this case, police will continue investigating and submit the file to the government attorney’s office, recommending whether to prosecute or not. The government attorney’s office will review the file and send it up to the Office of the Attorney General. Then, the attorney general will make the final decision on whether to prosecute. If the attorney general decides not to prosecute, the case ends here. But if the Office of the Attorney General decides to prosecute, the case will be filed in the Kathmandu District Court. 

After that, the District Court will decide whether to release Oli and Lekhak on bail or send them to custody for pending trial. Then, after a long process, the District Court will issue a final verdict. If either party is unsatisfied, they can appeal to the High Court and then to the Supreme Court, which may take years to finally conclude. Since this long process remains, Oli’s claim on Facebook that they were released because no grounds for prosecution were found, or that they have received a clean chit, is incorrect.

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