The authorities, including the Prime Minister's Office and Cabinet and the Ministry of Home Affairs, replied before the Supreme Court that they have sufficient evidence and grounds to detain former Home Minister Kamal Thapa and Local Development Minister Tanka Dhakal.“They have been detained on the basis of sufficient evidence and grounds as they are guilty of acting against the sovereignty vested with the people and the people’s movement,” read the written reply submitted before the SC by the Ministry of Home Affairs.
The Office of the PM and Cabinet, Ministry of Home Affairs, Police Paharagan and Police Academy have told the apex court likewise. They also argued that it was fallacious to say that the former ministers’ fundamental rights, guaranteed by the 1990 Constitution, were violated as they have been detained under sub-clause 3 of Clause 3(1) of the Public Peace and Security Act 1989.
The government, at the recommendation of a high level commission headed by ex SC justice Krishna Jung Rayamajhi, arrested them along with three other former ministers on charges of posing a threat to the sovereignty of the people as well as peace in the country. The commission had advised the government to take necessary action against ministers as they used excessive force and misused the state treasury to suppress the people during the royal regime.
The SC a few days ago released three former ministers Ramesh Nath Pandey, Shrish Sumsher Rana and Nikshya Sumsher Ranaciting the reason that they had been detained “without sufficient reason and evidence”.