Kathmandu, Oct 26-Khagendra Prasad Phuyal, father of Rajendra Kumar, a detainee, field a habeas corpus petition and a contempt of court case at the Supreme Court today, accusing the government of defying the SC order to release his son.
This is the 13th time the authorities have ignored the apex court's orders relating to habeas corpus petitions since the royal takeover on February 1.
On Friday last, a division bench of Justices Min Bahadur Rayamajhi and Balram KC had ordered the release of detainee Rajendra Phuyal in the presence of a Kathmandu district judge. The court had declared Phuyal's detention unlawful. But Phuyal is still in detention, according to Khagendra Prasad Phuyal, father of Rajendra.
Phuyal's helpless father on Tuesday, filed yet another habeas corpus petition seeking the release of his son. According to the petition, Phuyal is being detained at Hanumandhoka Police Office. Authorities have told the father that he has been detained for investigation.
While ordering the detainee's release last Friday, the apex court had warned the government not to try detainees under one law at one time; but under another law at another time. Besides, the court had warned the government not to misinterpret its order as per Article 96 of the Constitution. The provision says that it is the constitutional obligation of the government and other state mechanism to respect orders/decisions passed by courts.
The petition was filed against Home Minister Dan Bahadur Shahi, the Home Ministry, the Headquarters of Police, the Royal Nepalese Army, the Kathmandu District Police Office, Hanumandhoka, and the Central Jail.