Gross and systematic violation of HR by state: Court

Kathmandu Oct 22-In what is seen as damning condemnation of the behaviour of the state, the Supreme Court on Friday has held that the Nepali state is engaged in what it called gross and systematic violation of human rights.

In response to habeas corpus writ petition filed at the apex court demanding release of Rajendra Phuyal, a division bench comprising Justices Min Bahadur Rayamajhi and Balram KC held that the state was responsible for violating individual freedom of the citizens. The court has taken such an act seriously, the verdict said.

Arrested from Balaju, Kathmandu nearly one and half years ago, Phuyal was being detained under the Terrorism and Disruptive Activities (Control and Punishment) Ordinance and sometimes under the Public Security Act. Petitioners claimed that authorities handed him a letter saying that he was released after every three months while he continued to be in detention.

The Supreme Court has also ordered the government to take action against concerned officers responsible for detaining Phuyal illegally while reporting in writing that he had been released. ‘Take action against the official who gave such orders,” the apex court said.

The court has ordered the government to release Phuyal immediately in the presence of a Judge of a district court and notify it about the release.

This is the first such serious order handed out by the apex court in favour of protecting human rights after the royal takeover in February 1, this year, Kantipur daily reported.

Earlier, a meeting of full bench of the Supreme Court had regretted the re-arrest of pro-Maoist student leader, Krishna KC, a few weeks ago from the court premises immediately after the Supreme Court’s order to release him.