Thursday, October 27, 2005

SC Orders Govt Bodies to Produce Detainee

Kathmandu, Oct 27-Responding to a habeas corpus petition, the Supreme Court on Wednesday ordered the Home Ministry and some other government authorities to produce Rajendra Kumar Phuyal, a detainee, before the apex court on Friday.
Phuyal has been in detention for the last 18 months even after a SC division bench of Justices Min Bahadur Rayamajhi and Bala Ram KC ordered his release five days ago.A single bench of Justice Gauri Dhakal issued the order following a hearing today.
The bench directed the concerned authorities - Home Minister Dan Bahadur Shahi, the Ministry of Home Affairs, the Headquarters of Police and the Royal Nepalese Army, the Kathmandu District Police Office, Hanumandhoka and the Central Jail - to produce the detainee before the apex court by 10 am on Friday.The bench ordered the authorities to furnish written explanations on why Phuyal had still not been freed after the court ruling.
The SC has also asked the concerned government authorities as to why the apex court should not consider actions against them.Phyual’s father, Khagendra Prasad, had earlier filed a habeas corpus petition and a contempt of court case at the Supreme Court, seeking SC orders against the authorities for defying the apex court order to release his son.
The authorities had arrested Phuyal a security personnel employed by the private security company ‘Kantipur Security Service’ accusing him of being involved in terrorist and disruptive activities.
Same As Supreme Court on Wednesday said the hearing on the constitutionality of the controversial Royal Commission for Corruption Control would not take place tomorrow.
“The hearing will not be conducted tomorrow,” Supreme Court Acting Registrar Dr Ram Krishna Timalsena said today. According to him, Justice Ram Prasad Shrestha, one of the five special bench members put together to test the constitutionality of the RCCC, had gone to the Philippines on a week-long visit. Thus the case would not be heard tomorrow, Timalsena said.
The hearing was scheduled for Thursday nearly a month ago.

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