All detentions after the royal takeover were illegal: Experts Referring to court verdicts over the last five months, leading lawyers and legal experts have said all the political arrests after the royal takeover of February 1 were “illegal.” In response to habeas corpus petitions filed by hundreds of political activists, students and professionals around the country since the imposition of the state of emergency on February 1 this year, the Supreme Court and Appellate Courts have held such detentions as illegal and have ordered immediate release of the detainee. The government has failed to justify even a single case of preventive detention during this period, experts said. “The Supreme Court, responding to habeas corpus writ petitions filed on behalf of the detainees, has made it clear that putting people under house arrest or behind bars after seizure of power by the king were pure violations of the rue of law in the Kingdom,” senior advocate Radheshyam Adhikary, who is also a member of the National Assembly, told Nepalnews. “The release of Narahari Acharya, Krishna Pahadi and Basu Koirala is the government’s self-realization of its past mistakes,” he said. Saying that civil liberties were still under siege, Adhikary urged the government to lift all restrictions on civil liberties suspended even after withdrawal of the state of emergency in late April this year. What is noteworthy is that Nepali Congress central member Narahari Acharya, leading human rights activist Krishna Pahadi and student leader Basu Koirala were freed Monday despite their public statements that they would not move the court seeking their release. Security forces had detained thousands of political prisoners across the Kingdom following king’s assumption of power in February and some of them were allegedly tortured. Advocate Agni Kharel, former general secretary of the Nepal Bar Association, suspected if the government’s move to release politicians and rights activists on Monday was an outcome of international pressure. “If this act is the government’s self realization of its past mistakes, it is positive. However, it will be too early to judge its action right now.” Kharel also termed all detentions after royal takeover as ‘illegal and violation of the rule of the law’ He said, ” Before being optimist on governments’ performances, we will have to wait and see its future actions.” Advocate Bal Krishna Neupane, well-known for his royalist views, however, said, “It would be wrong to describe the government’s actions as legal or illegal. It’s the work of the state to detain or release any of its citizens as per the need and as specified by prevailing law.” “Government performed its duty while court also carried out its constitutional duty. They are both carrying out their responsibilities,” he said adding, “If the state feels the need to arrest someone, it can and I see all the activities (after the royal move) as part of a regular process. “ (Nepalnews special ) Courtesy:www.nepalnews.com

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